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:
Exclusions
State:
Texas

The Court held that the standard “contractual liability” exclusion found in the CGL policy essentially is a “breach of contract” exclusion applicable anytime a liability defense, e.g., statute of... Read more

Year:
2007
Court:
Pennsylvania Supreme Court
Issue:
Duty to Defend or Indemnify
State:
Pennsylvania

A claim is potentially covered, thus triggering the duty to defend, when there is uncertainty as to coverage. Once this uncertainty is eliminated through a declaratory judgment action it does not... Read more

Year:
2004
Court:
Virginia Supreme Court
Issue:
Exclusions
State:
Virginia

History is squarely on the side of policyholders fighting against over reaching and unreasonable applications of so-called absolute total pollution exclusions. United Policyholders urged the Court... Read more

Year:
2006
Court:
California Supreme Court
Issue:
Pollution Exclusion
State:
California
Year:
2008
Court:
California Court of Appeal, 4th District, Division 2
Issue:
Environmental Liabilities
State:
California
Year:
2009
Court:
U.S. Court of Appeals, 11th Circuit
Issue:
Property Damage
State:
Florida

Whether the negligent installation of nondefective materials and components constitutes covered “property damage” under the standard CGL policy.

Year:
2003
Court:
U.S. Supreme Court
Issue:
ERISA
State:
--United States--

ERISA not intended to preempt state laws regulating insurance, Outcome: U.S.Supreme Court holds, once again, that ERISA preempts everything,

Year:
2009
Court:
U.S. Court of Appeals, 3rd Circuit
Issue:
Absolute Pollution Exclusion and whether it applies to damages for property damages caused by a product.
State:
Pennsylvania

UP’s letter addressed the meaning of the absolute pollution exclusion and how it affects policyholders throughout the nation. Insurance policies are often the only viable source of defense and... Read more

Year:
2009
Court:
California Supreme Court
Issue:
Bad Faith
State:
California

UP argued that the Court of Appeal’s reversal of a jury verdict threatens the most basic expectation of a contracting party—that the other party will not act in bad faith to deprive it of the... Read more

Year:
2009
Court:
California Supreme Court
Issue:
Proof of Loss
State:
California

The ruling was against a homeowner whose home was destroyed in a fire. UP weighed in to request depublication of a CA. Court of Appeal opinion in case where Farmers Insurance Exchange denied a... Read more