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:
2014
Court:
U.S. Court of Appeals, 11th Circuit
Issue:
Surplus Lines
State:
Florida

UP weighed in to prevent insurers from abusing the surplus lines marketplace to circumvent consumer protections and sell policies to Florida consumers that the former FL Insurance Commissioner... Read more

Year:
2014
Court:
Pennsylvania Supreme Court
Issue:
Recovery of Reasonable Settlement, Reservation of Rights
State:
Pennsylvania

In an issue of first impression, the Pennsylvania Supreme Court considered whether an insured can recover reasonable settlement amounts if the insurer refuses to consent to settlement, in cases... Read more

Year:
2014
Court:
Colorado Supreme Court
Issue:
Notice-Prejudice
State:
Colorado

The notice-prejudice rule supports insurance consumers by avoiding disproportionate forfeiture when an insured fails to report a claim within the time stated in the policy. UP argued in its brief... Read more

Year:
2013
Court:
New York Court of Appeals
Issue:
Policy deadlines for collecting Replacement Value, Construing ambiguities
State:
New York

Some insurers play fast and loose with the phrase “replacement cost” to their customers’ detriment.  They advertise “replacement cost” (RC) coverage as being superior to “actual cash value” (ACV)... Read more

Year:
2013
Court:
New York Supreme Court, Appellate Division, Fourth Department
Issue:
Ambiguity - what is an “occurrence”?
State:
New York

UP argued in its brief that Allstate’s denial of a claim was improper because it relied on an ambiguous policy definition of an the ambiguity of “occurrence”. Allstate denied a claim for coverage... Read more

Year:
2013
Court:
California Supreme Court
Issue:
Duty to Defend or Indemnify , Direct v. Indirect Disparagement Claims
State:
California

UP urged the California Supreme Court to follow the clear precedent that an insurer’s “duty to defend” extends to both direct and indirect, express and implied, disparagement claims. UP urged the... Read more

Year:
2013
Court:
New York Court of Appeals
Issue:
Duty to Defend or Indemnify
State:
New York

UP argued that an insurer’s “duty to defend” is its most basic responsibility under the insurance contact and a failure to do is tantamount to a material breach of contract. As such, the... Read more

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