About the Amicus Library

Welcome to the Amicus Project library. Here you will find copies of the briefs we have filed on behalf of insurance consumers. UP brings a unique consumer voice before courts confronting insurance issues - reminding judges that there are real people who have suffered real loss behind the case captions.

At the time UP published its 2011 report entitled: "Twenty Years Protecting, Defending and Advancing Policyholders Rights" we had filed 300+ briefs since our founding in 1991. UP's Amicus Project output has grown exponentially and more and more courts are hearing our voice and adopting our arguments. 

UP's Amicus Project is made possible by the hundreds of dedicated policyholder attorneys who generously volunteer their time to write our briefs. Click here to view the attorneys who make up our Amicus Project Team

To request that UP weigh in on a case, please complete this Request Form.

Year:
2015
Court:
California Supreme Court
Issue:
Independent (Cumis) Counsel
State:
California

UP and the Consumer Attorneys of California submitted a letter supporting a petition for review in an important case involving a policyholder's right to independent counsel. A policyholder's right... Read more

Year:
2015
Court:
U.S. Court of Appeals. 9th Circuit
Issue:
Attorney's Fees , Environmental Liabilities
State:
Oregon

Under Oregon law, policyholders who sue their insurance company for delaying or denying legitimate claims can recover their attorney's fees.

Year:
2015
Court:
U.S. Supreme Court
Issue:
Health insurance and Social Security reimbursement under ERISA
State:
U.S. Supreme Court

UP weighed in because the Court’s decision could have broad-reaching implications for participants in disability plans as well as health plan participants. Most, if not all, employer-sponsored... Read more

Year:
2015
Court:
Texas Supreme Court
Issue:
Physical injury requirement for property coverage, Contract Interpretation - Ambiguity
State:
Texas

On cerified question from the U.S.

Year:
2015
Court:
Florida Supreme Court
Issue:
Insolvency obligations, Covered claims
State:
Florida

Under Florida law, when insurers become insolvent, the Florida Insurance Guaranty Association ("FIGA") becomes legally obligated to pay covered claims.

Year:
2015
Court:
U.S. Court of Appeals, Eleventh Circuit
Issue:
Failure to Settle, Bad Faith/Summary Judgment
State:
Florida

Under Florida law, whether a liability insurer has failed to settle in good faith when it could and should have settled a claim is determined under the totality of the circumstances standard, with... Read more

Year:
2015
Court:
California Court of Appeal, Fifth District
Issue:
Causation, Jury Instructions
State:
California

California is among a minority of states that recognize the Efficient Proximate Cause ("EPC") doctrine.

Year:
2015
Court:
Ohio Supreme Court
Issue:
State:
Ohio

When a policyholder purchases a separate endoresment providing insurance coverage for intentional torts of employees, insurers may not disclaim coverage by using vicarious liability as a shield.... Read more

Year:
2015
Court:
California Court of Appeal, Second District, Division Seven
Issue:
Life Insurance - Indexed Annuities, Breach of Contract - Consumer Protection
State:
California

Indexed annuities are life insurance products that promise high yields for consumers.

Year:
2015
Court:
Court of Appeal, First District
Issue:
State:
Florida

Florida law imposes a non-delegable duty on title insurers to charge a lower reissue rate when a property is refinanced with clear title.