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:
U.S. Court of Appeals, 11th Circuit
Issue:
Attorney-Client and Work-Product Privilege, Tripartite Relationship
State:
Florida

The District Court set a dangerous precedent in regards to the discovery and use of documents protected by the attorney-client privilege and work product immunity in insurance coverage cases.

Year:
2015
Court:
U.S. Court of Appeals, 8th Circuit
Issue:
Contract Interpretation, Coverage for Settlements
State:
Minnesota

Applying Delaware law, the U.S.

Year:
2015
Court:
U.S. Court of Appeals for the 4th Circuit
Issue:
Notice Prejudice, Insured's Duty to Defend
State:
Maryland

UP addressed two issues in its brief: (1) under Maryland law, an insurer must show actual prejudice in order to escape coverage for a valid claim that is reported after the policy deadline; and (2... Read more

Year:
2015
Court:
California Court of Appeal, First Appellate District, Division Two
Issue:
Loss Settlement Valuation for Actual Cash Value Policies
State:
California

Under the California Insurance Code, the California Fair Plan, the state's insurer-of-last-resort, is required to, in the case of a partial loss to a policyholder's home, pay the lesser of the... Read more

Year:
2015
Court:
Issue:
Bad Faith, Defense Cost Reimbursement
State:
California

UP submitted a letter to the California Judicicial Council regarding proposed revisions to California Civil Jury Instructions ("CACI") Nos. 2330-2337 and 2351: 

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.