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:
2010
Court:
California Superior Court, County of Los Angeles
Issue:
Insurance Exchanges, Settlement of Class Action
State:
California

Proposed settlement of a class action in relation to insurance exchanges in which the unclaimed funds would revert back to the culpable insurer and in which the attorney’s fees were unfairly high... Read more

Year:
2010
Court:
California Supreme Court
Issue:
Anti-assignment Clause
State:
California

Overly strong and incredibly broad interpretation of the anti-assignment language that the insurer was trying to invoke. Had the insurer’s interpretation been accepted, insurers could deny the... Read more

Year:
2010
Court:
Virginia Supreme Court
Issue:
Pollution Exclusion
State:
Virginia

Claim denied on the grounds that the occurrence was excluded as pollution. UP argued that the exclusion applies to industrial pollution of the environment, as obviated by representations made to... Read more

Year:
2010
Court:
Connecticut Supreme Court
Issue:
Make-Whole Doctrine, Errors and Omissions
State:
Connecticut

Priority of recovery following assignment. The insured was made to pay certain fines and incurred a deductible on the insurance coverage. Upon recovery of funds by the insurer following... Read more

Year:
2010
Court:
California Court of Appeal, Second District, Division 5
Issue:
Reservation of Rights, Conflict of Interest
State:
California

Counsel provided by the insurer under duty to defend failed to disclose to the insured the potential for a conflict of interest, in violation of attorney professional rules of conduct.

Year:
2009
Court:
Texas Supreme Court
Issue:
Appraisal Clauses
State:
Texas

This case will have a substantial impact on the rights of Texas policyholders to be promptly and properly compensated by their insurance companies, and will also impact the consistency of court... Read more

Year:
2009
Court:
U.S. Court of Appeals, 3rd Circuit
Issue:
Discovery
State:
New Jersey

The discovery provision at issue in this litigation is precisely the type of specific provision intended to avoid ambiguity and, therefore, uncertainty.  The trial court lost sight of the... Read more

Year:
2010
Court:
U.S. District Court, New York Eastern District
Issue:
Blanket holding that an Employment Practices Liability policy does not cover contractual damages.
State:
New York

UP addressed the Court's blanket holding that an Employment Practices Liability insurance policy does not cover contractual damages, as this holding has broad implications for policyholders in New... Read more

Year:
2009
Court:
California Supreme Court
Issue:
Insurance rate filings
State:
California

UP sought to depublish the MacKay opinion on the grounds that it undermines the essential function of civil lawsuits to the law enforcement activities performed by the California Department of... Read more

Year:
2010
Court:
Arizona Supreme Court
Issue:
Commercial General Liability
State:
Arizona

The issue is whether contract-tort distinction should apply to control coverage under a standard form commercial general liability ("CGL") insurance policy and what is the intended scope of the... Read more