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Amicus Library

Welcome to the United Policyholders Amicus Project library where you can read copies and summaries of briefs we file in courts throughout the United States on behalf of insurance consumers. A report titled "Twenty Years Protecting, Defending and Advancing Policyholders Rights" chronicles the topics covered in the 300+ amicus briefs the organization filed between 1991 and 2011.

The following is a list of cases in which United Policyholders has submitted Amicus Curaie briefs. Click here to view our Amicus Project Team of attorneys who volunteer their time to write pro-consumer briefs for United Policyholders.

To suggest or request that United Policyholders weigh in on a case, please complete this form: Request an Amicus Brief

Browse the Amicus Library

Mut. Benefit Ins. Co. v. Politopoulos et al.

2014, Pennsylvania Supreme Court, Pennsylvania
Issue:
Employer's Liability
Separation of Insureds


Russell v. Catholic Healthcare, UNUM et al.

2014, U.S, Court of Appeals, 6th Circuit, Ohio
Issue:
ERISA
Statute of Limitations


Peoples Insurance Counsel Division v. State Farm

2014, Maryland Court of Appeals, Maryland
Issue: Contract Interpretation

Vandana Upadhyay v. Aetna Life Ins. Co.

2014, U.S. Court of Appeals, 9th Circuit, California
Issue:
ERISA
Notice-prejudice


Pistorese v. Transamerica Life Insurance Company

2014, U.S. Court of Appeals, 9th Circuit, Washington
Issue:
Long Term Care Insurance
Contract Interpretation


Thomson, Inc. et al. v. XL Insurance, Inc. et al.

2014, Indiana Supreme Court, Indiana
Issue:
Allocation and Contribution
Contract Interpretation


Association of California Insurance Companies et al. v. Dave Jones, in his capacity as Insurance Commissioner for the State of California

2014, California Court of Appeal, Second Appellate District, Division One, California
Issue:
Replacement Cost Value
Regulatory Authority
Uniderinsurance


Allstate Property and Casualty Co. v. Jared Wolfe

2014, Pennsylvania Supreme Court, Pennsylvania
Issue:
Assignment of Bad Faith Claims
Public Policy and Tort Remedies


Thomas Nickerson v. Stonebridge Life Ins. Co.

2014, California Supreme Court, California
Issue:
Punitive Damages
Brandt Fees


Street Surfing, LLC v. Great American E&S Ins. Co.

2014, U.S. Court of Appeals, 9th Circuit, California
Issue:
Commercial General Liability Policies
Duty to Defend for Advertising Injury
Actual v. Potential Coverage


Recall Total Information Management Inc., et al. v. Federal Insurance Co.

2014, Connecticut Supreme Court, Connecticut
Issue:
Advertising Injury
Duty to Defend
Data Breaches
Reasonable Expectations


Wellpoint Inc., Anthem Ins. Co v. Nat. Union. Fire Ins. Co.

2014, Indiana Supreme Court, Indiana
Issue:
Errors and Omissions
Scope of Insuring Agreements


Cedar Bluff Townhome Condominium Assn. v. American Family Mut. Ins. Co.

2014, Minnesota Supreme Court, Minnesota
Issue:
Like Kind Replacement
Unjustfied Premiums
Uniform Appearance/spot-repairs


In re: Deepwater Horizon

2014, Texas Supreme Court, Texas
Issue:
Sophisticated Policyholders
Interpretation


Estate of Rochow v. Life Insurance Co. of North America

2014, U.S. Court of Appeals, 6th Circuit, Michigan
Issue:
ERISA
Disgorgement of Profits


Auto Flat Car Crushers, Inc. v. Hanover Ins. Co.

2014, Supreme Judicial Court of Massachusetts, Massachusetts
Issue:
Unfair/Deceptive Acts
Civil Procedure and Damages
Duty to Defend


Owner's Insurance Company v. Jim Carr Homebuilder et al.

2014, Alabama Supreme Court, Alabama
Issue:
Faulty Workmanship as an "Occurrence"
Petition for Re-hearing


Stephens v. Fireman's Fund Insurance Company

2014, California Court of Appeal, First District, Division One, California
Issue:
Replacement Cost Value
Insurer's Duties/Prevention


Lemy v. Direct General Finance Company

2014, U.S. Court of Appeals, 11th Circuit, Florida
Issue: Surplus Lines

Dean Craft v. Philadelphia Indemnity Insurance Company

2014, Colorado Supreme Court, Colorado
Issue: Notice-Prejudice

The Babcock and Wilcox Company, et al. v. American Nuclear Insurers, et al.

2014, Pennsylvania Supreme Court, Pennsylvania
Issue:
Recovery of Reasonable Settlement
Reservation of Rights


Tidyman's Management Services v. Davis et al.

2013, Montana Supreme Court, Montana
Issue:
Duty to Defend
Discovery and Evidence Procedure


Executive Plaza, LLC v. Peerless Insurance Co.

2013, New York Court of Appeals, New York
Issue:
Policy deadlines for collecting Replacement Value
Construing ambiguities


Joshua Bell v. Progressive Direct Insurance Company

2013, South Carolina Supreme Court, South Carolina
Issue: Reasonable Expectations of the Insured

Arshavir Iskanian v. CLS Transportation Los Angeles, LLC

2013, California Supreme Court, California
Issue: Arbitration, Futility Doctrine

State Farm Fire and Casualty Company vs. Shawn Brechbill

2013, Alabama Supreme Court, Alabama
Issue: Bad Faith

Federal Insurance Co. v. MBL, Inc.

2013, California Supreme Court, California
Issue:
A Policyholder’s Right to Independent Counsel (“Actual” vs. “Potential” Conflicts)
Reservation of Rights


Thomas Nickerson v. Stonebridge Life Insurance Company

2013, Court of Appeal of California, Second District, Division Three, California
Issue: Punitive Damages

Julie Heimeshoff v. Hartford Life & Accident Insurance Co. and Wal-Mart Stores, Inc.

2013, Supreme Court of the United States, --United States--
Issue: ERISA

Badiali v. New Jersey Manufacturers Insurance Company

2013, New Jersey Supreme Court, New Jersey
Issue: Bad Faith

Nucor Corporation v. Employers Insurance Company of Wausau and Hartford Accident & Indemnity Company

2013, Arizona Supreme Court, Arizona
Issue: Stigma Damages / Whether physical damage to an insured’s property is necessary to trigger coverage?

The Lincoln Electric Company v. Travelers Casualty and Surety Company, et al.,

2013, Ohio Supreme Court, Ohio
Issue:
Pro Rata Approach
All Sums


K2 Investment Group et al. v. American Guarantee and Liability Insurance Company

2013, New York Court of Appeals, New York
Issue: Duty to Defend or Indemnify

Hartford v. Swift

2013, California Supreme Court, California
Issue:
Duty to Defend or Indemnify
Direct v. Indirect Disparagement Claims


Sharen Capel PPA Donte Capel v. Plymouth Rock Assurance Corp.

2012, State of Connecticut Court of Appeals, Connecticut
Issue: Assignment of Bad Faith Claims

Washington National Insurance Corporation, Petitioner/Appellant Vs. Sydelle Ruderman, Et Al. Respondents/Appellees.

2012, Florida Supreme Court, Florida
Issue:
Policy interpretation
Ambiguity
Extrinsic evidence


Nesmith v. Allstate

2012, New York Supreme Court, Appellate Division, Fourth Department, New York
Issue: Ambiguity - what is an “occurrence”?

Craig Streit, et al. v. Farmers Group, Inc.

2012, California Court of Appeal, Second Appellate District, Division Seven, California
Issue: Fire Insurance, Duty to Disclose, “Short-Rate” Premiums

Charles Mitchell Hart and Lisa Marie Hart v. TICOR Title Insurance Company

2012, Hawaii Supreme Court, Hawaii
Issue: Title Insurance, Duty to Defend, Attorneys Fees

Association of California Insurance Companies et al v. Jones

2012, Court of Appeal of the State of California, Second Appellate District, Division One, California
Issue:
Regulatory Authority
Underinsurance
Agent Duty


Skinner v. Northrop Grumman

2012, U.S. Court of Appeals, 9th Circuit, --United States--
Issue: ERISA

U.S. Fidelity And Guarantee Co. V. U.S. Sports Specialty Ass’n

2012, Utah Supreme Court, Utah
Issue: Recoupment, Duty to Settle.

Amado Trinidad v. Florida Peninsula Insurance Company

2012, Florida Supreme Court, Florida
Issue: Homeowners Insurance, Contractor’s Overhead and Profit, Replacement Cost Value

Robert Jacobsen v. Allstate Insurance Company

2012, Montana Supreme Court, Montana
Issue: Direct Actions, Class Actions, Ethical Claims Conduct

West Bend Mutual Ins. Co. v. New Packing Co. Inc.

2012, Appellate Court of Illinois, First Judicial District, Illinois
Issue: Vacancy Exclusion

Thomas Woodhams and Charlene Connors, v. Allstate Fire and Casualty Company

2011, U.S. Court of Appeals, 2nd Circuit, New York
Issue: 180 day policy

Villa Los Almos HOA v. State Farm General Ins. Co.

2011, California Court of Appeal, 1st District, Division 4, California
Issue: Absolute Pollution Exclusion

Arceneaux, et al. v. Amstar Corp., et al.

2011, Louisiana Supreme Court, Louisiana
Issue: Duty to Defend

Desert Mountain Properties Limited v. Liberty Mutual Fire Insurance Company

2011, Arizona Supreme Court, Arizona
Issue: Commercial General Liability

Women's Integrated Network, Inc. v. U.S. Specialty Insurance Company

2011, U.S. District Court, New York Eastern District, New York
Issue: Blanket holding that an Employment Practices Liability policy does not cover contractual damages.

Mountain States Mutual Casualty Co. v. Roinestad

2011, Colorado Supreme Court, Colorado
Issue: Pollution Exclusion

Fireman’s Fund Insurance Co. v. TD Banknorth Insurance Agency Inc.

2011, Connecticut Supreme Court, Connecticut
Issue: Make-Whole Doctrine, Errors and Omissions

Hakimfer v. ROC Design

2011, California Court of Appeal, Second District, Division 5, California
Issue:
Reservation of Rights
Conflict of Interest


Miller v. Hartford Life Insurance Co.

2011, Supreme Court of Hawaii, Hawaii
Issue:
Emotional Distress
Bad Faith


Fogel v. Farmers Group, Inc.

2011, California Superior Court, County of Los Angeles, California
Issue: Insurance Exchanges, Settlement of Class Action

Fluor Corp. , et. al. v. Superior Court Of The State Of California, County Of Orange

2011, California Supreme Court, California
Issue: Anti-assignment Clause

PMB Nutritionals v. Lexington Ins. Co., et al.

2011, Virginia Supreme Court, Virginia
Issue: Pollution Exclusion

Chubb Custom Ins. Co., et al. v. Space Systems/Loral, Inc.

2011, U.S. Court of Appeals, 9th Circuit, California
Issue:
CERCLA
Subrogation for Potentially Responsible Parties (PRPs)


Henner, Michael and Elizabeth, vs. Gemini Insurance Co. et al

2010, New York Supreme Court, Appellate Division, 4th Department, New York
Issue: Notice-prejudice

Davis vs. Ford Motor Credit Company

2010, California Supreme Court, California
Issue: Standing

Hardt, Bridget vs. Reliance Standard Life Insurance Company

2010, U.S. Supreme Court, --United States--
Issue: ERISA

Nieto, Julie vs. Blue Shield of California Life & Health Insurance Company

2010, California Supreme Court, California
Issue: Post Claims Underwriting: Letter Brief in Support of Petition for Review 

United States Fidelity and Guarantee Co. vs. United States Sports Specialty Association

2010, Utah Supreme Court, Utah
Issue: Recoupment, Duty to Settle

Abdelhamid v. Fire Insurance Exchange

2010, California Supreme Court, California
Issue: HO claim proof of loss

Cussler v. Crusader Entertainment, LLC

2010, California Supreme Court, California
Issue: Bad Faith

Hussey Copper, Ltd. v. Arrowood Indemnity Company, f/k/a Royal Insurance Company of America

2010, U.S. Court of Appeals, 3rd Circuit, Pennsylvania
Issue: Absolute Pollution Exclusion and whether it applies to damages for property damages caused by a product.

Amelia Island Company v. Amerisure Insurance Company

2010, U.S. Court of Appeals, 11th Circuit, Florida
Issue: Property Damage

Gilbert Texas Construction, L.P. v. Underwriters at Lloyd’s London

2010, Texas Supreme Court, Texas
Issue: Exclusions

L.A. Checker Cab Coop, Inc. vs. First Specialty Insurance Co.

2010, California Court of Appeal, 2nd District, California
Issue: Intentional Acts

Southern Realty Management Inc. et. al. vs. Aspen Specialty Insurance Co. et. al.

2010, U.S. Court of Appeals, 11th Circuit, Georgia
Issue: Prejudice/Post claims underwriting

Citigroup, Inc. vs. National Union Fire Insurance Co. et. al.

2010, U.S. Court of Appeals, 5th Circuit, Texas
Issue: Primary/Excess settlements

Michael McReynolds v. American Commerce Insurance Co.

2010, Arizona Supreme Court, Arizona
Issue:
Interpleader
The Duty of Good Faith


MacKay v. Superior Court of Los Angeles (21st Century National)

2010, California Supreme Court, California
Issue: Insurance rate filings

Diebold, Incorporated v. Continental Casualty Company

2010, U.S. Court of Appeals, 3rd Circuit, New Jersey
Issue: Discovery

In re: Universal Underwriters Insurance Company

2010, Texas Supreme Court, Texas
Issue: Appraisal Clauses

Demolition Contractors, Inc. d/b/a Pitsch Wrecking Co. vs. Westchester Surplus Lines Insurance Company

2009, U.S. Court of Appeals, 6th Circuit, Michigan
Issue: Voluntary payments as bar to coverage; Effect of "no action" clause

Griffith Oil Company, Inc. vs. National Union Fire Insurance Company of Pittsburgh

2009, New York State Supreme Court, Appellate Division, Department 4, New York
Issue: Products Completed Operations Hazard

Harleysville Mutual Insurance Company vs. Buzz Off Insect Shield

2009, North Carolina Supreme Court, North Carolina
Issue:
Advertising injury
Duty to Defend


Haworth, Randal vs. Superior Court of California

2009, California Supreme Court, California
Issue: Disclosure

Hyundai Motor America vs. National Union Fire Insurance Company

2009, U.S. Court of Appeals, 9th Circuit, California
Issue: Duty to Defend, Advertising Injury

Kwikset Corp. vs. S.C. (Benson),

2009, California Supreme Court, California
Issue: Standing

LA Sound USA, Inc., et al vs. St. Paul Fire & Marine Insurance Company

2009, California Supreme Court, California
Issue: Rescission

LM Ericsson Telefon AB and Ericsson Inc. vs. Certain Underwriters At Lloyd's London

2009, Texas Supreme Court, Texas
Issue: Application as part of policy

Merrick vs. The Paul Revere Life Insurance Company, et al

2009, U.S. Court of Appeals, 9th Circuit, Nevada
Issue: Punitive damage award that only slap an insurer on the wrist will fail to deter reprehensible behavior.

Meyer vs. Sprint Spectrum L.P.

2009, California Supreme Court, California
Issue: Consumers Legal Remedies Act should include insurance

Panasia Estates, Inc. vs. Hudson Insurance Company and UTC Risk Management Services, Inc.

2009, New York State Supreme Court, Appellate Division, Department 1, New York
Issue: Bad Faith

Pennsylvania General Insurance Co. vs. Park-Ohio Industries, Inc.

2009, Ohio Supreme Court, Ohio
Issue: Multiple Policies

QBE Insurance Corporation vs. Chalfonte Condominium Apartment Association, Inc.

2009, Florida Supreme Court, Florida
Issue:
Good Faith and Fair Dealing
Consequential Damages


Superior Dispatch vs. Insurance Corporation of New York

2009, California Court of Appeal, 2nd District, Division 3, California
Issue:
Notice of time to file claim
Statute of Limitations


State of California v. Continental Insurance Company

2008, California Court of Appeal, 4th District, Division 2, California
Issue: Environmental Liabilities

ACE American Insurance Company vs. Underwriters at Lloyds and Companies, et al.

2008, Pennsylvania Supreme Court, Pennsylvania
Issue: Errors and Omissions; Late Notice

AstenJohnson Inc. vs. Columbia Casualty Company and Fireman's Fund Insurance Companies

2008, U.S. Court of Appeals, 3rd Circuit, Pennsylvania
Issue: Asbestos

Corban v. United Services Automobile Association a/k/a USAA Insurance Agency

2008, Mississippi Supreme Court, Mississippi
Issue:
Katrina
Anti-concurrent cause


DeBruyn vs. Superior Court (Farmers Group, Inc.)

2008, California Supreme Court, California
Issue:
Proximate Cause
Insurance Code Section 530


Delgado vs. Interinsurance Exchange of the Automobile Club of Southern California

2008, California Supreme Court, California
Issue: Duty to Defend

Everett vs. State Farm General Insurance Company

2008, California Court of Appeal, 4th District, Division 3, California
Issue:
Underinsurance
Request for Depublication


Fairbanks vs. Superior Court of California, Farmers New World Life Insurance Co., et al.

2008, California Supreme Court, California
Issue: Provisions of Consumers Legal Remedies Act (CLRA) should apply to insurance

Jewell vs. Life Insurance Company of America

2008, U.S. Supreme Court, --United States--
Issue: ERISA

Landry et al. vs. Louisiana Citizens Property Insurance Corporation

2008, Louisiana Supreme Court, Louisiana
Issue:
Katrina
Value Policy Law


Medina v. Safe-Guard Products International, Inc.

2008, California Court of Appeal, 4th District, Division 3, California
Issue: Letter Brief Request for Depublication; B & P17200 case dealing with Unlicensed Insurers.

Met Life vs. Glenn, Wanda

2008, U.S. Supreme Court, --United States--
Issue: ERISA

Morrill and The Estate of John Prestiss vs. Cotton States Mutual Insurance Company

2008, Georgia Court of Appeals, Georgia
Issue: Statute of Limitations

Penzer, Michael, etc. vs. Transportation Insurance Company

2008, Florida Supreme Court, Florida
Issue: Advertising injury; Duty to Defend

Plastics Engineering Company vs. Liberty Mutual Insurance Company

2008, Wisconsin Supreme Court, Wisconsin
Issue: “Occurrence” and “Allocation of Risk”

Qualcomm Inc. vs. Certain Underwriters at Lloyd’s, London

2008, California Supreme Court, California
Issue: Excess Insurance

Safeco Insurance Company vs. Parks

2008, California Court of Appeal, 2nd District, California
Issue: Duty to Defend

Sher vs. Lafayette Insurance Company et. al.

2008, Louisiana Supreme Court, Louisiana
Issue:
Katrina
Ambiguity


Sigelman et al. vs. Lawyers Mutual Insurance Company

2008, California Court of Appeal, 4th District, Division 1, California
Issue: Post Claims Underwriting

Village Northridge Homeowners Association vs. State Farm Fire & Casualty, et al

2008, California Supreme Court, California
Issue: Fraud in inducement to settle

Watanabe vs. Blue Shield of California

2008, California Court of Appeal, 2nd District, Division 8, California
Issue: California law is clear: an insurer cannot delegate its implied covenant duties.

American and Foreign Insurance Company et. al. vs. Jerry’s Sport Center, Inc. et. al.

2008, Pennsylvania Supreme Court, Pennsylvania
Issue: Duty to defend and reimbursement

Simon Wrecking Company Inc., et al. vs. AIU Insurance Company, et al.

2007, U.S. District Court, Eastern District of Pennsylvania, Pennsylvania
Issue: Pollution exclusion

Tuepker, John and Clare vs. State Farm Fire and Casualty

2007, U.S. District Court, Mississippi Southern District, Mississippi
Issue:
Katrina
Anti-concurrent clause


AllAmerica Financial Corporation, SMA Financial Corporation, et al. vs. Certain Underwriters at Lloyd's London

2007, Massachusetts Supreme Judicial Court, Massachusetts
Issue: Excess Insurance

Berthelot et al. vs. Boh Brothers Construction Co. L.L.C. et al

2007, U.S. District Court, Louisiana Eastern District, Louisiana
Issue: Anti-concurrent cause

Bi-Economy Market, Inc. vs. Harleysville Insurance Company of New York

2007, New York State Court of Appeals, New York
Issue: Consequential damages

Boston Gas vs. Certain Underwriters at Lloyds, London, et. al.

2007, U.S. Court of Appeals, 1st Circuit, Massachusetts
Issue: All sums

Cundiff, Jean vs. State Farm Automobile Insurance Company

2007, Arizona Supreme Court, Arizona
Issue: UIM-offset

Fidelity and Guaranty Insurance Company, et al. vs. German Motors Corp. et al.

2007, California Supreme Court, California
Issue: Garage keepers policy; interpretation of "necessary or incidental"

First American Title Insurance Company vs. Superior Court

2007, California Court of Appeal, 2nd District, Division 3, California
Issue: Discovery

Griffin Dewatering vs. Northern Insurance Company of New York

2007, California Court of Appeal, 4th District, Division 3, California
Issue:
Genuine Dispute
Brandt fees


Hailey vs. California Physicians’ Service dba Blue Shield of California

2007, California Court of Appeal, 4th District, Division 3, California
Issue: Post Claims Underwriting

Heritage Healthcare Services, Inc. et al. vs. Beacon Mutual Insurance Company et al.

2007, Rhode Island Superior Court, Rhode Island
Issue: Discovery

Jamaica Hospital Medical Center, Inc. et al, vs. United Health Group, Inc. et al.

2007, U.S. District Court, New York Eastern District, New York
Issue: Mandatory arbitration

Millers Capital Insurance Company vs. Gambone Brothers Development Co., et al.

2007, Pennsylvania Superior Court, Pennsylvania
Issue: Coverage

Padilla Construction Company, Inc., v. Transportation Insurance Company

2007, California Court of Appeal, 4th District, Division 3, California
Issue: Duty to Defend

Schwartz et al. vs. Liberty Mutual Insurance Company

2007, U.S. Court of Appeals, 2nd Circuit, New York
Issue: Insurer must show prejudice when insured settles without insurer's authority

State of California v. Underwriters at Lloyd’s London, Allstate

2007, California Supreme Court, California
Issue: Pollution Exclusion

Medill vs. Westport Insurance Corporation

2006, California Supreme Court, California
Issue: D & O Liability

2130 Leavenworth Homeowners Association vs. State Farm Insurance Company

2006, California Supreme Court, California
Issue: Duty to Defend

Aircraft Holdings, LLC vs. XL Specialty Insurance Company

2006, Florida Supreme Court, Florida
Issue: Attorney Client Privilege

Chauvin vs. State Farm Fire and Casualty Company, et al.

2006, U.S. District Court, Louisiana Eastern District, Louisiana
Issue:
Katrina
Anti-concurrent cause
Value policy law


Cold Creek Compost, Inc., et.al vs. State Farm Fire & Casualty

2006, California Court of Appeal, California
Issue: Pollution exclusion; Duty to defend

Country Mutual Ins. Co. vs. Livorsi

2006, Illinois Supreme Court, Illinois
Issue: Notice-prejudice

Denmark vs. Liberty Life Assurance Company of Boston

2006, Massachusetts District Court, Massachusetts
Issue:
Objective evidence of disability
ERISA


General Refractories Corp. vs. First State Insurance Company

2006, U.S. Court of Appeals, 3rd Circuit, Pennsylvania
Issue: Commercial General Liability policies

National Union Fire Insurance Company of Pittsburgh vs. Crocker, Beatrice

2006, Texas Supreme Court, Texas
Issue: Coverage