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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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In many jurisdictions when an insurance company breaches an insurance contract, it not only is required to pay what it owed originally and wrongfully delayed or denied, it also must pay attorneys... Read more
The vast majority of states that have addressed the issue of what is an "occurrence" under a commercial general liability policy have reached the conclusion that construction defect claims are... Read more
In response to the widespread underinsurance crisis following the 2003 and 2007 San Diego wildfires, the California Department of Insurance promulgated a set of regulations which required agents/... Read more
Under Pennsylvania law, insurers have the burden to prove that an exception applies in order to deny coverage.
Absent a legitimate justification, insurers may not seek protective orders for internal documents on claims handling procedures sought in discovery which may indicate a pattern and practice, or at... Read more
Insurance coverage in cases involving concurrent causation (i.e., multiple causes, some covered, some not) has been the subject of great debate, with courts settling on two principal... Read more
Joined by co-amici the Asbestos PI Trust, ASARCO Asbestos Personal Injury Trust, Duro Dyne Corporation, ... Read more
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