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:
2011
Court:
Court of Appeals, State of New York
Issue:
The “follow the fortunes” doctrine
State:
New York

UP encouraged the Court to uphold a lower court's decision below with respect to the "follow the fortunes" doctrine. The purpose of insurance is to insure – even when the insured is another... Read more

Year:
2012
Court:
Florida Supreme Court
Issue:
Policy interpretation, Ambiguity, Extrinsic evidence
State:
Florida

UP briefed this case to defend Florida's long-standing rule that an ambiguous insurance policy must be interpreted in favor of the policyholder. The 11th Circuit Court of Appeals ruled for a class... Read more

Year:
2012
Court:
State of Connecticut Court of Appeals
Issue:
Assignment of Bad Faith Claims
State:
Connecticut

UP authored amicus in this important case of first impression supporting the rights of policyholders and their judgment creditors to recover a judgment in excess of the policy limits in contract... Read more

Year:
2011
Court:
Montana Supreme Court
Issue:
Direct Actions, Class Actions, Ethical Claims Conduct
State:
Montana

UP filed an amicus brief in support of a Montana law that allows third parties injured in automobile accidents to bring direct claims against insurance companies who fail to ethically handle... Read more

Year:
2011
Court:
California Court of Appeal, Second Appellate District, Division Seven
Issue:
Fire Insurance, Duty to Disclose, “Short-Rate” Premiums
State:
California

UP submitted a brief in support of the Appellants, whose claim is that the insurance company violated its disclosure obligations under California Insurance Code section 381(f) by charging... Read more

Year:
2011
Court:
Florida Supreme Court
Issue:
Homeowners Insurance, Contractor’s Overhead and Profit, Replacement Cost Value
State:
Florida

A homeowner purchased an insurance policy that provided Replacement Cost Value (RCV) coverage on his dwelling. A policyholder reasonably expects that by paying an additional premium for this type... Read more

Year:
2011
Court:
United States Supreme Court
Issue:
ERISA
State:
--United States--

UP filed a brief in opposition to an appeal by US Airways, Inc. seeking reimbursement and subrogation from its employee for ERISA medical benefits in excess of what employees recovered from third-... Read more

Year:
2010
Court:
Supreme Court of Hawaii
Issue:
Emotional Distress, Bad Faith
State:
Hawaii

A showing of bad faith is not contingent on the presence of any economic loss. Rather, UP argued, a claim of bad faith should rest on improper claim-handling alone.

Year:
2011
Court:
Arizona Supreme Court
Issue:
Punitive Damages
State:
Arizona

Should a jury verdict and Court of Appeals finding of clear and convincing evidence to support a punitive damages award result in a reduction of the award simply because it was in excess of... Read more

Year:
2011
Court:
Utah Supreme Court
Issue:
Recoupment, Duty to Settle.
State:
Utah

In this case an insurer went after its insured to recoup monies it had paid (over policy limits) as part of a settlement. UP argued that because the insurer had initiated the settlement and... Read more