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:
2001
Court:
Supreme Court of the State of New York
Issue:
Foreign Insurer
State:
New York

The need for a foreign insurer (Lloyds) to be licensed in New York State.

Year:
2003
Court:
California Court of Appeal, 3rd District
Issue:
"Use it and Lose it", Claims and Cancellation
State:
California

Attempt to stop insurer’s from engaging in the practice know as “Use it and lose it.”

Year:
1996
Court:
New York State Court of Appeals
Issue:
Late Notice
State:
New York



Year:
2000
Court:
Florida Supreme Court
Issue:
Right to Obtain a Copy of Insurance Policy, Claims Handling Rules and Regulations
State:
Florida

Policyholders should be able to obtain copies of insurer’s claim files in litigation involving coverage dispute. /duty of good faith and fair dealing

Year:
2006
Court:
Massachusetts Supreme Judicial Court
Issue:
Excess Insurance
State:
Massachusetts

The Court requested submission of an amicus curiae brief on the issue of "whether an excess insurer, having provided a follow-form excess insurance policy, is bound by the primary insurer’s... Read more

Year:
2005
Court:
Florida Supreme Court
Issue:
Attorney Client Privilege
State:
Florida

In a first-party action brought pursuant to Section 624.155, the attorney-client privilege does not bar production of attorney-client communications generated during the claim investigation and... Read more

Year:
2000
Court:
California Court of Appeal, 1st District, Division 5
Issue:
Corporate Restructuring - Assignment of Liabilities
State:
California

An insurance company cannot avoid coverage in a class policies simply restructuring itself and assigning its liabilities to another company without first obtaining the consent of its policyholders... Read more

Year:
1996
Court:
California Supreme Court
Issue:
Allocation and Contribution
State:
California

Insurance companies should not be allowed to profit from inconsistent coverage positions. / Allocation

Year:
2009
Court:
U.S. Court of Appeals, 5th Circuit
Issue:
State:
Texas

This appeal addresses two issues of importance to policyholders across the country: (1) can “property damage” to the insured’s “product” be considered an “accident” or “occurrence” for purposes of... Read more

Year:
1996
Court:
U.S. Court of Appeals, 6th Circuit
Issue:
Trademark Infringement, Advertising Injury
State:
Michigan

Trademark infringement claims should be covered under standard form advertising injury policy.