As federal and state appellate courts being to address COVID-19 business interruption suits across the country, insurer trade groups and policyholder associations have submitted amicus briefs on key issues. In an interview with Law360, Peter Halprin explained that getting a voice like United Policyholders in an appeal “levels the playing field” as it provides appellate courts with an understanding of insurance law and can direct courts to pre-pandemic state law precedent relevant to the issues.
“Solicitation of amicus briefs is common practice by courts, but there have been instances where courts have rejected a particular position by the insurer trade group,” explained Halprin. “Those groups aren’t always deemed friends of the court if an insurer involved in the appeal is a member of the organization and it is a shadow way of getting another brief in.”
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