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:
Pennsylvania Supreme Court
Issue:
Assignment of Bad Faith Claims, Public Policy and Tort Remedies
State:
Pennsylvania

On certified question from the U.S. Court of Appeals for the Third Circuit, the Pennsylvania Supreme Court confronted the issue of whether statutory bad faith claims may be assigned to an injured... Read more

Year:
2014
Court:
U.S. Court of Appeals, 9th Circuit
Issue:
Commercial General Liability Policies, Duty to Defend for Advertising Injury, Actual v. Potential Coverage
State:
California

Under California law, the duty to defend is broader than the duty to indemnify. In fact, under Montrose Chem. Corp. v. Superior Court, 6 Cal. 4th 287, 300 (1993), "the insured must prove... Read more

Year:
2014
Court:
California Supreme Court
Issue:
Punitive Damages, Brandt Fees
State:
California

Punitive damages awards are subject to heightened Due Process scrutiny after the U.S. Supreme Court's decision in State Farm v. Campbell. While the Campbell ruling did not... Read more

Year:
2014
Court:
Connecticut Supreme Court
Issue:
Advertising Injury, Duty to Defend, Data Breaches, Reasonable Expectations
State:
Connecticut

Under Commercial General Liability policies ("CGL") and Umbrella policies, "publication" of usually defamatory statements to a third person will trigger coverage for "advertising injury" and a... Read more

Year:
2014
Court:
Minnesota Supreme Court
Issue:
Like Kind Replacement, Unjustfied Premiums, Uniform Appearance/spot-repairs
State:
Minnesota

Under Minnesota law, insurers are required to replace damage and undamaged property with the same "like kind construction and similar use" to ensure uniform appearance and prevent decreased... Read more

Year:
2014
Court:
Texas Supreme Court
Issue:
Sophisticated Policyholders, Interpretation
State:
Texas
Year:
2014
Court:
Indiana Supreme Court
Issue:
Errors and Omissions, Scope of Insuring Agreements
State:
Indiana

This case arises from a class-action lawsuit alleging that the insurer unlawfully conspired to systematically delay, deny, and diminish payments to doctors under a health plan. The insuring... Read more

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