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:
2017
Court:
Texas Supreme Court
Issue:
Rules of Discovery - Native Form Documents, Claim File
State:
Texas

When homeowners file claims, insurance companies have a duty to conduct a prompt, reasonable investigation of the damage.

Year:
2017
Court:
U.S. Court of Appeals, 9th Circuit
Issue:
Duty to Defend, Scope of an Exclusion, Reasonable Expectations
State:
California

In California, coverage clauses are interpreted broadly so as to afford the greatest possible protection to the insured, while exclusions are construed narrowly and against the insurer. Exclus

Year:
2017
Court:
U.S. Court of Appeals, 9th Circuit
Issue:
Duty to Defend, Class Actions
State:
California

The most fundamental obligation of a liability insurer is to defend it's insured against suits alleging bodily injury or property damage. The duty to defend is broader than the duty to indemnify... Read more

Year:
2017
Court:
California Court of Appeal, Second District, Division One
Issue:
Fraudulent or Criminal Acts, Scope of an Exclusion, Final Adjudication
State:
California

In this letter requesting publication, UP urged publication because the decision addresses an issue of great importance to the insurance community, on which there is no published appellate... Read more

Year:
2017
Court:
Florida Court of Appeal, Third District
Issue:
Actual Cash Value
State:
Florida

The Florida Legislature has mandated under Fla. Stat.

Year:
2017
Court:
U.S. Court of Appeals, 11th Circuit
Issue:
Insurer's Duty to Settle, Good Faith and Fair Dealing
State:
Georgia

An insurer's duty of good faith and fair dealing extends to settling claims against its insured.

Year:
2017
Court:
U.S. Court of Appeals, 11th Circuit
Issue:
Force-placed Insurance, Regulatory Approval of Rates
State:
Florida

In general, state insurance regulators must approve an insurer's rates before their insurance products are sold to the public.

Year:
2017
Court:
Pennsylvania Supreme Court
Issue:
Bad faith
State:
Pennsylvania

Under Pennsylvania law, insurance companies are subject to attorneys fees and punitive damages for acting in bad faith towards their policyholders.

Year:
2016
Court:
Masschusetts Supreme Judicial Court
Issue:
Duty to Defend, Counterclaims
State:
Massachusetts

Under Massachusetts law, an insurance company's duty to defend is broad and encompasses the prosecution of a policyholder's counterclaims.

Year:
2017
Court:
Arizona Supreme Court
Issue:
Punitive Damages
State:
Arizona

In a brief supporting a petition for review, UP argued that when a reviewing court disregards a jury's finding that punitive damages were warranted in an insurance bad faith case, it is harmful to... Read more