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:
1996
Court:
California Court of Appeal, 3rd District
Issue:
Bad Faith in Litigation, Breach of the Implied Covenant of Good Faith and Fair Dealing
State:
California

Under New Jersey law, the obligation of good faith and fair dealing extends to the assertion, settlement and litigation of contract claims

Year:
2000
Court:
California Court of Appeal, 2nd District, Division 3
Issue:
Statue of Limitations
State:
California

Statute of Limitations-equitable estoppel

Year:
2003
Court:
U.S. Court of Appeals, 3rd Circuit
Issue:
ERISA
State:
Pennsylvania

ERISA should not preempt state insurance laws.

Year:
2003
Court:
Massachusetts Supreme Court
Issue:
Exclusions, Breach of the Implied Covenant of Good Faith and Fair Dealing, Nullification
State:
Massachusetts
Year:
2001
Court:
Texas Court of Appeals
Issue:
Bad Faith, Breach of the Implied Covenant of Good Faith and Fair Dealing
State:
Texas

Insurance nullification by litigation; bad faith

Year:
2004
Court:
Illinois Supreme Court
Issue:
Unfair Trade Practices, Replacement Parts
State:
Illinois

Insurance Company should not be able to use after market parts when policy calls for restoring vehicle to pre-loss condition; unfair practices; McCarran-Ferguson Act.

 

Year:
2007
Court:
U.S. Court of Appeals, 3rd Circuit
Issue:
Asbestos
State:
Pennsylvania

Policyholders should have the right to select the policies under which they seek coverage, without fear of prejudice to any Laches or Course of Performance Argument. Courts should not hamstring a... Read more

Year:
1997
Court:
New York State Court of Appeals
Issue:
Pollution Exclusion
State:
New York

Insurance company should not be able to avoid its duty to defend and indemnify based on a pollution exclusion when damage sustained was result of replacement of an old heater in a private... Read more

Year:
2000
Court:
U.S. Court of Appeals, 9th Circuit
Issue:
Mold
State:
California

Insurer cannot use toxic mold protection act to shield itself from bad faith liability in a claim regarding remediation of mold. /thorough investigation/legal treatises.

Year:
2007
Court:
Arizona Supreme Court
Issue:
Availability of Policy in Native Language, Public Policy - Auto Insurance
State:
Arizona

Whether form in Spanish should be given to a Spanish speaker. When there are multiple forms available to insurance companies, as is the case here, the option to use one or the other should be... Read more