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:
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

Year:
2016
Court:
California Supreme Court (California Court of Appeal, Second Appellate District, Division One)
Issue:
Replacement Cost Value, Regulatory Authority, Underinsurance
State:
California

In response to the widespread underinsurance crisis following the 2003 and 2007 San Diego wildfires, the California Department of Insurance promulgated a set of regulations which required agents/... Read more

Year:
2016
Court:
U.S. Court of Appeals, 3rd Circuit
Issue:
Contract Interpretation, Ambiguous Terms
State:
Pennsylvania

Under Pennsylvania law, insurers have the burden to prove that an exception applies in order to deny coverage.

Year:
2016
Court:
Colorado Supreme Court
Issue:
Protective orders, Claims handling procedures
State:
Colorado

Absent a legitimate justification, insurers may not seek protective orders for internal documents on claims handling procedures sought in discovery which may indicate a pattern and practice, or at... Read more

Year:
2016
Court:
New York Court of Appeals
Issue:
Allocation and Contribution, Asbestos/long-tail liabilities
State:
New York

Joined by co-amici  the Asbestos PI Trust, ASARCO Asbestos Personal Injury Trust, Duro Dyne Corporation, ... Read more

Year:
2015
Court:
Connecticut Appellate Court
Issue:
Allocation and contribution of defense and indemnity costs
State:
Connecticut

Where a business purchases insurance to cover specific risks (here asbestos) an insurer may not "pro-rate" its liability based on an exclusion, when additional, different insurance is not... Read more

Year:
2015
Court:
Louisiana Supreme Court
Issue:
Duty to Defend, Allocation and Contribution
State:
Louisiana

The duty to defend in long-latency cases may not be "pro-rated." This rule is consistent with the insurance policy language at issue and well-settled Louisiana jurisprudence, but also with... Read more

Year:
2015
Court:
Georgia Supreme Court
Issue:
Absolute Pollution Exclusion
State:
Georgia

Claims for personal injury resulting from lead-based paint ingestion are not excluded from coverage pursuant to pollution exclusions typically included in commercial general liability (“CGL”)... Read more

Year:
2015
Court:
New York Court of Appeals
Issue:
Regulatory Authority, Prior Approval of Policies
State:
New York

Under the California Insurance Code, the Worker's Compensation Insurance Rating Bureau is required to submit policy forms to the Department of Insurance for review before they may be approved for... Read more

Year:
2015
Court:
Washington Supreme Court
Issue:
Unfair Debt Collection Practices, Scope of State Consumer Protection Law
State:
Washington

Under the Washington state Consumer Protection Act ("CPA") consumers are protected from harassing and misleading collection notices from unscrupulous debt collectors who target, at the behest of... Read more