Anderson Kill, led by William G. Passannante, submitted an Amicus brief on behalf of United Policyholders in support of Shelby Realty’s position.

In a decision recognizing the unequal bargaining power between insurance companies and insurance policyholders, the New York Court of Appeals held on December 16, 2004 in the City Club Hotel case that its 1979 decision in Mighty Midgets, Inc. v. Centennial Insurance Company, 47 NY2d 12, 21-22 (1979), permits a successful policyholder to recover attorneys' fees when successful in a coverage dispute with its insurance company.  Now known as the 'Mighty Midgets' rule, a policyholder "cast in defensive posture" by its insurance company may recover full attorneys' fees when prevailing against an insurance company seeking to avoid coverage.  Attorneys on the Anderson Kill team include Eugene R. Anderson, Williams G. Passannante.  Amy Bach, Law Offices of Amy Back, 42 Miller Avenue, Mill Valley, California 94941 represented United Policyholders.