Tarrar Enterprises, Inc. v. Associated Indemnity Corp.

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 broad range of perils including carbon monoxide, odors, and viruses such as the one that causes COVID-19. In particular, UP’s amicus brief addresses the troubling pattern of federal courts drifting away from analyzing policy language to simply accepting a new type of federal common law for COVID-19 insurance cases.