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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.
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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
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
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
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.
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
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
Employees had received informational documents from their employer that alluded to certain levels of benefits (“annuity equivalent offset”). UP’s brief argued that any discrepancy between the... Read more
UP filed a brief with the California Court of Appeal in Association of California Insurance Companies v. Jones addressing the... Read more
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