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:
2016
Court:
Maryland Court of Appeals
Issue:
Notice Prejudice, Duty to Defend
State:
Maryland

Under Maryland law, an insurance company must show actual prejudice in order to deny coverage for a late-reported claim.

Year:
2016
Court:
California Supreme Court
Issue:
Appraisal
State:
California

UP submitted a letter urging the California Supreme Court to grant review on a very important issue for homeowners: whether an insurance company whose policy contains an appraisal provision as a... Read more

Year:
2016
Court:
California Court of Appeal
Issue:
State:
California

UP submitted a request to depublish a portion of an appellate opinion which improperly made a finding of fact about an insurance bad faith dispute.

Year:
2016
Court:
U.S. Court of Appeals, 10th Circuit
Issue:
Underinsurance
State:
Colorado

After wildfires and other major disasters that result in total losses, many homeowners find themselves underinsured.

Year:
2016
Court:
Colorado Court of Appeals
Issue:
Notice Prejudice
State:
Colorado

Colorado's notice-prejudice protects policyholders from a forfeiture of coverage for late reporting of a claim by requiring the insurer to show actual prejudice as a result of the late reporting... Read more

Year:
2016
Court:
U.S. Court of Appeals, 11th Circuit
Issue:
Duty to Defend, Construction Defect
State:
Florida

Under Florida law, the duty to defend under a liability policy is triggered when the complaint brought by a third party against the insured alleges any cause of action or damages that create even... Read more

Year:
2016
Court:
Oregon Supreme Court
Issue:
Contract Interpretation, Ambiguous terms
State:
Oregon

In an insurer v.

Year:
2016
Court:
California Supreme Court
Issue:
Reasonable Expectations/Contra Proferentem, Contract Interpretation
State:
California

In a theft case, UP submitted a letter supporting review on two grounds: First, the trial and appellate courts erred in allowing a motion for summary judgment to survive despite a reasonable... Read more

Year:
2016
Court:
Tennessee Supreme Court
Issue:
Punitive Damages, Bad Faith (Tortious Breach of an Insurance Contract)
State:
Tennessee

In many jurisdictions when an insurance company breaches an insurance contract, it not only is required to pay what it owed originally and wrongfully delayed or denied, it also must pay a

Year:
2016
Court:
New Jersey Supreme Court
Issue:
What is an occurrence, Reasonable expectations
State:
New Jersey

The vast majority of states that have addressed the issue of what is an "occurrence" under a commercial general liability policy have reached the conclusion that construction defect claims are... Read more