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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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Where a business purchases insurance to cover specific risks (here asbestos) an insurer may not "pro-rate" its liability based on an exclusion, when additional, different insurance is not... Read more
The duty to defend in long-latency cases may not be "pro-rated." This rule is consistent with the insurance policy language at issue and well-settled Louisiana jurisprudence, but also with... Read more
Claims for personal injury resulting from lead-based paint ingestion are not excluded from coverage pursuant to pollution exclusions typically included in commercial general liability (“CGL”)... Read more
Under the California Insurance Code, the Worker's Compensation Insurance Rating Bureau is required to submit policy forms to the Department of Insurance for review before they may be approved for... Read more
Under the Washington state Consumer Protection Act ("CPA") consumers are protected from harassing and misleading collection notices from unscrupulous debt collectors who target, at the behest of... Read more
The District Court set a dangerous precedent in regards to the discovery and use of documents protected by the attorney-client privilege and work product immunity in insurance coverage cases.
Applying Delaware law, the U.S.
UP addressed two issues in its brief: (1) under Maryland law, an insurer must show actual prejudice in order to escape coverage for a valid claim that is reported after the policy deadline; and (2... Read more
Under the California Insurance Code, the California Fair Plan, the state's insurer-of-last-resort, is required to, in the case of a partial loss to a policyholder's home, pay the lesser of the... Read more
UP submitted letters to the California Judicicial Council regarding proposed revisions to California Civil Jury Instructions ("CACI") Nos. 2330-2337 and 2351: