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Amicus Library

St. Matthews Church of God and Christ v. State Farm Insurance Company
Year: 2022
Court: Minnesota Supreme Court
Case Number: A21-0240
Issue:
  • Code Upgrades
State:
  • Minnesota

In its amicus curiae brief, UP argues that Minnesota law requires that replacement cost insurance policies include coverage for repairs that are mandatory to comply with the building code after a covered loss.

Wellpath Holdings, Inc. v. XL Insurance Company, et al
Year: 2022
Court: New York Appellate Division Second Department
Case Number: 2021-08206
Issue:
  • COVID-19
State:
  • New York

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP argues that decades of case law demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds against a…

Sullivan Management v. Fireman’s Fund Insurance Company
Year: 2022
Court: South Carolina Supreme Court
Case Number: 2021-001209
Issue:
  • COVID-19
State:
  • South Carolina

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP argues that decades of case law demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds against a…

Capri Holding Ltd. v. Zurich American Ins. Co et. al.
Year: 2022
Court: Superior Court of New Jersey Appellate Division
Case Number: A-003551-20
Issue:
  • COVID-19
State:
  • New Jersey

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP argues that decades of case law demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds…

Walker v. Auto-Owners
Year: 2022
Court: Arizona Supreme Court
Case Number: CV-21-0236-CQ
Issue:
  • Labor Depreciation
State:
  • Arizona

Building owners purchase property insurance to protect themselves if their property is damaged by fire, hail, tornadoes, or other often catastrophic events. In the case of homeowners, adequate payment of insurance policy benefits is often what stands between them and homelessness after a disaster. Insurers…

Radiator Specialty Co. v. Arrowood Indemnity Co.
Year: 2021
Court: North Carolina Supreme Court
Case Number: 20PA21
Issue:
  • All Sums
State:
  • North Carolina

In its amicus curiae brief, UP argues that the terms of the standard commercial general liability insurance policy compels “all sums” allocation. UP brief specifically emphasizes the insurance industry’s extensive drafting history, which confirms that the standard commercial general liability insurance policy, once triggered by…

Timothy A. Ungarean d/b/a Smile Savers Dentistry et. al. v. CNA et. al.
Year: 2022
Court: Court of Common Pleas of Allegheny County
Case Number: 490 WDA 2021
Issue:
  • COVID-19
State:
  • Pennsylvania

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP argues that decades of case law demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds against a…

Sagome Inc. D/B/A L’Hostaria v. The Cincinnati Insurance Co.
Year: 2022
Court: United States Court of Appeals for the Tenth Circuit
Case Number: 21-1359
Issue:
  • COVID-19
State:
  • Colorado

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP argues that decades of case law demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds against a…

ES Restaurant Group Inc. et al v. Fireman’s Fund Insurance Company et al
Year: 2022
Court: United States Court of Appeals for the Ninth Circuit
Case Number: 21-35498
Issue:
  • COVID-19
State:
  • Washington

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP argues that decades of case law demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds against a…

Wild Eggs Holdings v. State Auto and Property Casualty Ins. Co
Year: 2021
Court: United States Court of Appeals for the Sixth Circuit
Case Number: 21-5962
Issue:
  • COVID-19
State:
  • Kentucky

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP argues that decades of case law demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds against a…

Verveine Corp. d/b/a Coppa & others vs. Strathmore Ins. CO. & another
Year: 2021
Court: Massachusetts Supreme Judicial Court
Case Number: SJC-13172
Issue:
  • COVID-19
State:
  • Massachusetts

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP argues that decades of case law demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds against a…

The Cordish Companies v. Affiliated FM Insurance Company
Year: 2021
Court: United States Court of Appeals for the Fourth Circuit
Case Number: 21-2055
Issue:
  • COVID-19
State:
  • Maryland

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP argues that decades of case law demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds against a…

Consolidated Restaurant Operations, Inc. v. Westport Ins. Corp.
Year: 2021
Court: New York Appellate Division First Department
Case Number: 2021-02971 & 2021-04034
Issue:
  • COVID-19
State:
  • New York

In the New York Appellate Division, First Department, United Policyholders submitted an amicus brief supporting coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP’s brief argues that decades of case law demonstrate what the insurance industry and policyholders have…

Lionbridge Technologies, LLC v. Valley Forge Insurance Co.
Year: 2021
Court: United States Court of Appeals for the First Circuit
Case Number: 21-1698
Issue:
  • Attorney Client Privilege
  • Common Interest Doctrine
  • Duty to Defend
State:
  • Massachusetts

In its amicus curiae brief, UP weighs in on the issues of an insurer’s duty to defend and the ability of an insurance company to obtain the privileged information of its insured under the guise of the common interest doctrine. UP argues that when an…

North State Deli, LLC, et al v. The Cincinnati Insurance Company, et al
Year: 2021
Court: North Carolina Court of Appeals
Case Number: COA 21-293
Issue:
  • COVID-19
State:
  • North Carolina

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP argues that decades of case law demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds against a…

Colectivo Coffee Roasters et al. v. Society Insurance, A Mutual Company
Year: 2021
Court: Wisconsin Supreme Court
Case Number: 2021AP000463
Issue:
  • COVID-19
State:
  • Wisconsin

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP brief provides the Wisconsin Supreme Court with legal precedent and arguments relating to five distinct points: (1) airspace is an important part of…

Frymire Home Services, Inc. and Whitefield Capital, LLC v. Ohio Security Insurance Company
Year: 2021
Court: Texas Supreme Court
Case Number: 21-0757
Issue:
  • Concurrent Causation
State:
  • Texas

In its amicus curiae brief, UP addresses whether the concurrent cause doctrine applies where there is any non-covered damage, including “wear and tear” to an insured property, but such damage does not directly cause the particular loss experienced by a policyholder. UP argues that while…

1 S.A.N.T., Inc. v. Berkshire Hathaway, et al.
Year: 2021
Court: United States Court of Appeals for the Third Circuit
Case Number: Nos. 21-1109; 21-1038; 21-1039; 21-1106; 21-1107; 21-1294
Issue:
  • COVID-19
State:
  • Pennsylvania

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP’s discusses the application of the regulatory estoppel doctrine to COVID-19 related losses. The doctrine of regulatory estoppel prevents insurers from profiting by misleading…

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