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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.
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Policyholders should be able to obtain copies of insurer’s claim files in litigation involving coverage dispute. /duty of good faith and fair dealing
The Court requested submission of an amicus curiae brief on the issue of "whether an excess insurer, having provided a follow-form excess insurance policy, is bound by the primary insurer’s... Read more
In a first-party action brought pursuant to Section 624.155, the attorney-client privilege does not bar production of attorney-client communications generated during the claim investigation and... Read more
An insurance company cannot avoid coverage in a class policies simply restructuring itself and assigning its liabilities to another company without first obtaining the consent of its policyholders... Read more
Insurance companies should not be allowed to profit from inconsistent coverage positions. / Allocation
This appeal addresses two issues of importance to policyholders across the country: (1) can “property damage” to the insured’s “product” be considered an “accident” or “occurrence” for purposes of... Read more
Trademark infringement claims should be covered under standard form advertising injury policy.
Errors and Omissions, or "E&O" insurance. If an insurance company attempts to avoid its coverage obligations under a claims-made policy due to “late notice,” the insurance company must bear... Read more
Late notice; all sums; joint and several; allocation
Since the term “collapse” in the policy is ambiguous and connotes only a substantial impairment of a building’s structural integrity, there must be coverage for “imminent collapse” Court quotes UP... Read more