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:
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

Year:
2010
Court:
Louisiana Supreme Court
Issue:
Duty to Defend or Indemnify
State:
Louisiana

May an insurer enforce the coverage limiting provisions of its insurance policies that it breached upon breaching its respective duties to defend and indemnify?

Year:
2010
Court:
California Court of Appeal, 1st District, Division 4
Issue:
Absolute Pollution Exclusion
State:
California

This is a "total pollution exclusion" case akin to--though with significantly different facts than--the Cold Creek Compost case.  In this matter, a homeowners association hired a contractor to... Read more

Year:
2010
Court:
U.S. Court of Appeals, 2nd Circuit
Issue:
180 day policy
State:
New York

Does Allstate’s 180 day policy language violate New York’s Standard Fire Policy?
Is Allstate’s 180 day policy language ambiguous? UP argued that it is not reasonable to uphold language in... Read more

Year:
2004
Court:
California Court of Appeal
Issue:
Pollution Exclusion
State:
California
Year:
2009
Court:
U.S. Supreme Court
Issue:
ERISA
State:
--United States--

UP weighed in along with three other organizations to advance the position that where there is a conflict between plan documents, the one that favors plan participants should control, or, in the... Read more