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, 6th Circuit
Issue:
ERISA, Disgorgement of Profits
State:
Michigan

Where an insurer has wrongfully delayed or denied a covered claim, extra-contractual remedies are necessary to punish the conduct at issue and deter similar conduct in the future. UP argued in its... Read more

Year:
2014
Court:
Supreme Judicial Court of Massachusetts
Issue:
Unfair/Deceptive Acts, Civil Procedure and Damages, Duty to Defend
State:
Massachusetts

When an insured files suit against an insurer for unfair or deceptive practices (under Massachusetts' Unfair Claims Settlement Practices Act) and the insurer answers and tenders unilateral... Read more

Year:
2014
Court:
Alabama Supreme Court
Issue:
Faulty Workmanship as an "Occurrence", Petition for Re-hearing
State:
Alabama

In a recent decision, the Alabama Supreme Court left the ranks of the outlier courts, holding that faulty workmanship can be a covered “occurrence” under Commercial General Liability... Read more

Year:
2013
Court:
Montana Supreme Court
Issue:
Duty to Defend, Discovery and Evidence Procedure
State:
Montana

Under Montana law, if a carrier refuses to defend under a reservation of rights, it does so at its own peril and is liable for all damages resulting from an unjustified breach of the duty to... Read more

Year:
2014
Court:
California Court of Appeal, First District, Division One
Issue:
Replacement Cost Value, Insurer's Duties/Prevention
State:
California

Insurers owe special duties to policyholders, including the duty to communicate policy requirements and settle claims fairly. Policyholders have a reasonable expectation that their policy benefits... Read more

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