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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.
UP's brief argued that insurers should not be allowed to recoup funds under subrogation in CERCLA cases, arguing that allowing otherwise would create the risk of a windfall gain to insurers and... Read more
The policyholders' land was insured under a title insurance policy they'd bought from TICOR. When the State of Hawaii filed a suit against them related to the land, they turned to TICOR for a... Read more
An insurer denied coverage under the pollution exclusion following the physical injuries sustained by exposure to naturally occurring sewer gas subsequent to a plumbing mishap. The insurance... Read more
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
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
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
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
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.
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
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