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…
First and Stewart Hotel Owner, LLC v. Fireman’s Fund Insurance Company
Year: 2021
Court: United States Court of Appeals for the Ninth Circuit
Case Number: 21-35637
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’s brief provides the Court with 50 years of case law from the Ninth Circuit and across the country showing that the standard insuring language…
Ashland Hospital Corporation D/B/A King’s Daughters Medical Center, et al. v. Darwin Select Insurance Co., et al.
Year: 2021
Court: Kentucky Supreme Court
Case Number: 2020-SC-0260-D
Issue:
  • Duty to pay defense costs
State:
  • Kentucky

In its amicus curiae brief, UP supports an insured Kentucky hospital that was ordered to reimburse its insurer for legal fees previously paid by the insurer to defend the hospital in underlying lawsuits. UP’s brief argued: (1) procedurally, the lower court lacked the authority to…
Sportime Clubs, LLC v. American Home Assurance Company
Year: 2021
Court: New York Supreme Court Appellate Division Second Judicial Department
Case Number: 2021-05000
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’s brief provides the Court with 50 years of history and case law in New York and across the country showing that the standard insuring…
Selane Products, Inc. v. Continental Casualty Company
Year: 2021
Court: United States Court of Appeals for the Ninth Circuit
Case Number: 21-55123
Issue:
  • COVID-19
State:
  • California

In its amicus curiae brief, UP supports an insured’s petition for rehearing in the context of coronavirus-related business income losses. UP’s brief argues three main points: (1) the Panel misapplied the Civil Authority Endorsement in the insured’s policy; (2) decades of case law confirm that…
Chattanooga Professional Baseball LLC v. National Casualty Co.
Year: 2021
Court: United States Court of Appeals for the Ninth Circuit
Case Number: 20-17422
Issue:
  • COVID-19
  • Regulatory Estoppel
State:
  • Arizona

In its amicus curiae brief, UP supports an insured’s petition for rehearing on the basis that the Ninth Circuit Panel misapplied the doctrine of regulatory estoppel.
Boulevard Carroll Entertainment Group v. Fireman’s Fund Insurance Company
Year: 2021
Court: United States Court of Appeals for the Third Circuit
Case Number: 21-1061
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’s brief provides the Court with 50 years of history and case law in New Jersey and across the country showing that the standard insuring…
Jarden LLC. v. Ace American Ins. Co. et. al.
Year: 2021
Court: Supreme Court of the State of Delaware
Case Number: No. 273, 2021
Issue:
  • Appraisal
  • D&O Policy Language
State:
  • Delaware

In its brief, UP weighs in on whether this appeal generally concerns the Appellant’s entitlement to coverage under a directors and officers policy of insurance for consolidated shareholder appraisal actions resulting in a judgment against the Appellant, as well as litigation costs and fees. UP identifies important issues of…
Hartford Fire Insurance v. MODA, LLC et. al.
Year: 2021
Court: Appellate Court of the State of Connecticut
Case Number: AC 44820
Issue:
  • COVID-19
State:
  • Connecticut

In its brief, UP weighs in on the long-standing precedent set by the insurance industry and courts that property insurance policies cover loss from events that render a property unfit for its intended use. Insurance industry drafting organizations have, for decades, concluded that the terms…
Circus Circus v. AIG Specialty Ins. Co.
Year: 2021
Court: United States Court of Appeals Ninth Circuit
Case Number: 21-15367
Issue:
  • COVID-19
State:
  • Nevada

In its brief, UP weighs in on the tumultuous effect the pandemic has inflicted on the entertainment industry, namely a hotel/ casino in the entertainment capital of the world. Apart from, but complimentary to, the argument of the policyholder that the presence of COVID-19 at the insured…
Circle Block Partners et. al. v. Fireman’s Fund Ins. Co.
Year: 2021
Court: United States Court of Appeals Seventh Circuit
Case Number: 21-2459
Issue:
  • COVID-19
State:
  • Indiana

In its brief, UP explores how an all-risk policy, like the one sold by FFIC, is meant to cover all risks of physical loss or damage that are not expressly excluded in the policy. Indiana law places the burden on insurance companies to clearly and…
Summit Hospitality Group, LTD. v. The Cincinnati Ins. Co.
Year: 2021
Court: United States Court of Appeals Fourth Circuit
Case Number: 21-1362
Issue:
  • COVID-19
State:
  • North Carolina

In its brief, UP explores the district court ruling that Summit had not pleaded a claim for relief, holding that Summit did not plausibly allege that access to its property was “specifically denied” due to COVID-19 and the government orders limiting access to the business. Citing no authority,…
Huntington Ingalls Industries, Inc. v. Ace Am. Ins. Co. et. al.
Year: 2021
Court: The Supreme Court of Vermont
Case Number: 2021-173
Issue:
  • COVID-19
State:
  • Vermont

In its brief, UP tackles the effects of COVID-19 on businesses in the state of Vermont and duty of insurers to oblige business interruption losses due to physical loss or damage caused by the virus. In this case the insurer has denied HII’s claim, mainly on…
The Masonic Temple Association of Quincy v. Acadia Ins. Co.
Year: 2021
Court: Massachusetts Supreme Judicial Court
Case Number: SJC-13109
Issue:
  • Policy Interpretation
State:
  • Massachusetts

In its brief, UP explores the issue of whether the named insured in a general liability insurance policy includes a “doing business as” designation, whether policy coverage is limited to liabilities arising out of the “doing business as” entity’s business or whether it applies to the…
CLMS Management Services LP, et. al. v. Amwins Brokerage of Georgia LLC, et al.
Year: 2020
Court: United States Court of Appeals Ninth Circuit
Case Number: 20-35428
Issue:
  • Arbitration
State:
  • Washington

In it brief, UP urges the Court to follow the Second Circuits lead in enforcing state anti-arbitration laws against foreign insurers just as they are enforceable against domestic insurers. As current Washington state law and Federal law (McCarran-Ferguson Act) stands, state anti-arbitration laws supersede acts…