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:
2013
Court:
California Supreme Court
Issue:
A Policyholder’s Right to Independent Counsel (“Actual” vs. “Potential” Conflicts), Reservation of Rights
State:
California

UP’s position in its amicus brief in this case is that  policyholders have a right to independent counsel in cases where the insurer has a “potential” conflict of interest as well as in... Read more

Year:
2013
Court:
Alabama Supreme Court
Issue:
Bad Faith
State:
Alabama

UP weighed in as a friend of the court to ask that the Brechbill opinion be corrected to accurately state the law in the State of Alabama for the past 30 years with regard to insurer breach of... Read more

Year:
2013
Court:
Ohio Supreme Court
Issue:
Pro Rata Approach, All Sums
State:
Ohio

This case affords the Ohio Supreme Court the opportunity to reaffirm that an insured can employ an all sums approach to aggregate unreimbursed losses when they have accrued indemnity and defense... Read more

Year:
2012
Court:
Arizona Supreme Court
Issue:
Stigma Damages / Whether physical damage to an insured’s property is necessary to trigger coverage?
State:
Arizona

Mariposa County property owners brought suit against Nucor for the loss in value of their properties alleging that Nucor negligently let the toxic trichloroethylene, a cleaning solvent, leak into... Read more

Year:
2013
Court:
Indiana Court of Appeals
Issue:
Excessive title insurance rates
State:
Indiana

Title insurance rates (and profits) continue to rise despite the fact that expenses have dropped considerably due to automation and the ease of internet-based records searches. UP weighed in on... Read more

Year:
2012
Court:
New Jersey Supreme Court
Issue:
Bad Faith, Breach of the Implied Covenant of Good Faith and Fair Dealing
State:
New Jersey

<p>This case affords the New Jersey Supreme Court an opportunity to review how the New Jersey lower courts have resolved bad faith claims handling since the Supreme Court’s landmark decision... Read more

Year:
2012
Court:
California Supreme Court
Issue:
Anti-assignment Clause
State:
California

This case involves an insurance company's effort to cut off the... Read more

Year:
2012
Court:
Supreme Court of the United States
Issue:
ERISA
State:
--United States--

On July 2, 2013, United Policyholders weighed in as amicus curiae (friend of the court) in the matter... Read more

Year:
2013
Court:
California Supreme Court
Issue:
Arbitration, Futility Doctrine
State:
California

UP filed a brief in opposition to a ruling that would allow insurance companies to take a "wait and see" approach to arbitration. In Iskanian, the court held that a company that waives... Read more

Year:
2013
Court:
South Carolina Supreme Court
Issue:
Reasonable Expectations of the Insured
State:
South Carolina

UP weighed in to argue that the Court should apply the doctrine of the reasonable expectations of the insured when analyzing the parties’ positions.  Mr. Bell was living with Ms. Severn and their... Read more