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:
New York Appellate Division, Manhattan
Issue:
Data Breach/Cyber Liability, Contract Interpretation
State:
New York

Insurance coverage for data breach should be available under a commercial general liability policy's "publication" provision.

Year:
2015
Court:
Louisiana Supreme Court
Issue:
Duty of Good Faith and Fair Dealing, Conduct During Settlement Negotiations
State:
Louisiana

On certifed question from the U.S.

Year:
2014
Court:
California Court of Appeal, First District, Division One
Issue:
Replacement Cost Value, Tort v. Contract Damages
State:
California

UP submitted this letter requesting depublication of the decision in Stephens & Stephens XII, LLC v. Fireman’s Fund Ins. Co.

Year:
2014
Court:
U.S. Court of Appeals, 9th Circuit
Issue:
Duty of Good Faith and Fair Dealing, Settlement Negotiations
State:
California

Under California law, the duty of good faith and fair dealing is implied in all insurance contracts.

Year:
2014
Court:
Issue:
Regulatory Authority
State:
California

In response to the California Department of Insurance's letter requesting republication, UP wrote in support of the published decision in Ellena v. Department of Insurance.

Year:
2014
Court:
Indiana Supreme Court
Issue:
Replacement Cost Value, Ambiguity and Omission
State:
Indiana

Policyholders pay higher premiums for replacement cost value policies in order to recoup additional insurance proceeds necessary to rebuild or purchase substitute property.

Year:
2014
Court:
New York Court of Appeals
Issue:
Post-Claims Underwrting
State:
New York

“Post-claims underwriting” describes the scenario where an insurer waits until after the insured makes a claim to investigate whether the insured is eligible for coverage based on the risk he or... Read more

Year:
2014
Court:
New York Court of Appeals
Issue:
Cyber Liability - Fraud, Contract Interpretation
State:
New York

The carrier denied coverage for payments incurred as losses for fraudulent use of the insured's computer systems (bogus medicare payments).

Year:
2014
Court:
U.S. Court of Appeals, 9th Circuit
Issue:
Direct Physical Loss - Cosmetic Damage, Reasonable Expectations - Coverage
State:
Wisconsin

Insurance contracts are to be construed in accordance with the plain meaning of terms and the reasonable expectations of the policyholder.

Year:
2014
Court:
U.S Court of Appeals, 9th Circuit
Issue:
Environmental Liabilities, Duty to Defend - 104(e) Letters
State:
Oregon

UP, joined by co-amici The Marine Group, LLC, MMGL Corp. and Schnitzer Steel Industries, Inc. urged the Court to uphold a correct ruling by an Oregon District Court that a 104(e) Request... Read more