About the Amicus Library

Welcome to the United Policyholders Amicus Project library where you can read copies and summaries of briefs we file in courts throughout the United States on behalf of insurance consumers. A report titled "Twenty Years Protecting, Defending and Advancing Policyholders Rights" chronicles the topics covered in the 300+ amicus briefs the organization filed between 1991 and 2011.

The following is a list of cases in which United Policyholders has submitted Amicus Curaie briefs. Click here to view our Amicus Project Team of attorneys who volunteer their time to write pro-consumer briefs for United Policyholders. To suggest or request that United Policyholders weigh in on a case, please complete the Request an Amicus Brief form.

Year:
2011
Court:
New Jersey Supreme Court
Issue:
CGL, Burden of Proof
State:
New Jersey

In this case, UP sought to provide the court with policyholders’ perspectives on why an Appellate Division holding needs to be reversed.  The holding relates to how a policyholder can obtain... Read more

Year:
2011
Court:
Court of Appeals, State of New York
Issue:
The “follow the fortunes” doctrine
State:
New York

UP encouraged the Court to uphold a lower court's decision below with respect to the "follow the fortunes" doctrine. The purpose of insurance is to insure – even when the insured is another... Read more

Year:
2012
Court:
Florida Supreme Court
Issue:
Policy interpretation, Ambiguity, Extrinsic evidence
State:
Florida

UP briefed this case to defend Florida's long-standing rule that an ambiguous insurance policy must be interpreted in favor of the policyholder. The 11th Circuit Court of Appeals ruled for a class... Read more

Year:
2012
Court:
State of Connecticut Court of Appeals
Issue:
Assignment of Bad Faith Claims
State:
Connecticut

UP authored amicus in this important case of first impression supporting the rights of policyholders and their judgment creditors to recover a judgment in excess of the policy limits in contract... Read more

Year:
2011
Court:
Montana Supreme Court
Issue:
Direct Actions, Class Actions, Ethical Claims Conduct
State:
Montana

UP filed an amicus brief in support of a Montana law that allows third parties injured in automobile accidents to bring direct claims against insurance companies who fail to ethically handle... Read more

Year:
2011
Court:
California Court of Appeal, Second Appellate District, Division Seven
Issue:
Fire Insurance, Duty to Disclose, “Short-Rate” Premiums
State:
California

UP submitted a brief in support of the Appellants, whose claim is that the insurance company violated its disclosure obligations under California Insurance Code section 381(f) by charging... Read more

Year:
2011
Court:
Florida Supreme Court
Issue:
Homeowners Insurance, Contractor’s Overhead and Profit, Replacement Cost Value
State:
Florida

A homeowner purchased an insurance policy that provided Replacement Cost Value (RCV) coverage on his dwelling. A policyholder reasonably expects that by paying an additional premium for this type... Read more

Year:
2011
Court:
United States Supreme Court
Issue:
ERISA
State:
--United States--

UP filed a brief in opposition to an appeal by US Airways, Inc. seeking reimbursement and subrogation from its employee for ERISA medical benefits in excess of what employees recovered from third-... Read more

Year:
2010
Court:
Supreme Court of Hawaii
Issue:
Emotional Distress, Bad Faith
State:
Hawaii

A showing of bad faith is not contingent on the presence of any economic loss. Rather, UP argued, a claim of bad faith should rest on improper claim-handling alone.

Year:
2011
Court:
Arizona Supreme Court
Issue:
Punitive Damages
State:
Arizona

Should a jury verdict and Court of Appeals finding of clear and convincing evidence to support a punitive damages award result in a reduction of the award simply because it was in excess of... Read more