About the Amicus Library

Welcome to the United Policyholders Amicus Project library where you can read copies and summaries of briefs we file in courts throughout the United States on behalf of insurance consumers. A report titled "Twenty Years Protecting, Defending and Advancing Policyholders Rights" chronicles the topics covered in the 300+ amicus briefs the organization filed between 1991 and 2011.

The following is a list of cases in which United Policyholders has submitted Amicus Curaie briefs. Click here to view our Amicus Project Team of attorneys who volunteer their time to write pro-consumer briefs for United Policyholders. To suggest or request that United Policyholders weigh in on a case, please complete the Request an Amicus Brief form.

Year:
2014
Court:
U.S. Court of Appeals, 9th Circuit
Issue:
Direct Physical Loss - Cosmetic Damage, Reasonable Expectations - Coverage
State:
Wisconsin
Year:
2014
Court:
U.S Court of Appeals, 9th Circuit
Issue:
Environmental Liabilities, Duty to Defend - 104(e) Letters
State:
Oregon

UP, joined by co-amici The Marine Group, LLC, MMGL Corp. and Schnitzer Steel Industries, Inc. urged the Court to uphold a correct ruling by an Oregon District Court that a 104(e) Request... Read more

Year:
2014
Court:
Pennsylvania Supreme Court
Issue:
Employer's Liability, Separation of Insureds
State:
Pennsylvania

Under a correct reading of an Umbrella Policy, an Employer's Liability exclusion only applies where a an insured is sued by its own employee (e.g., damages for bodily injury in a suit... Read more

Year:
2014
Court:
U.S, Court of Appeals, 6th Circuit
Issue:
ERISA, Statute of Limitations
State:
Ohio

ERISA plan administrators must include a time limit for judicial review (i.e., a statute of limitations to file suit) in a letter denying disability benefits. In the absence of such a... Read more

Year:
2014
Court:
Maryland Court of Appeals
Issue:
Contract Interpretation
State:
Maryland

Maryland law does not apply the rule of contra proferentem, accepted by a majority of states - that ambiguous terms in insurance contracts are to be construed strictly against the insurer-drafter... Read more

Year:
2014
Court:
U.S. Court of Appeals, 9th Circuit
Issue:
ERISA, Notice-prejudice
State:
California

In this case, the District Court held that the insured’s ERISA action was untimely under the provisions of the Long-Term Disability Plan because the contractual deadline for filing suit... Read more

Year:
2014
Court:
U.S. Court of Appeals, 9th Circuit
Issue:
Long Term Care Insurance, Contract Interpretation
State:
Washington

Under Washington law, insurance contracts are to be interpreted based on the principle of contra preferentem - ambigious terms must be strictly construed against the drafter-insurer and... Read more

Year:
2014
Court:
Indiana Supreme Court
Issue:
Allocation and Contribution, Contract Interpretation
State:
Indiana

On appeal from a decision in error by the Indiana Court of Appeal, UP argued in its brief that the presumptive rule in determining the scope of coverage under a Commercial General Liability Policy... Read more

Year:
2014
Court:
California Court of Appeal, Second Appellate District, Division One
Issue:
Replacement Cost Value, Regulatory Authority, Uniderinsurance
State:
California

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

Year:
2014
Court:
Pennsylvania Supreme Court
Issue:
Assignment of Bad Faith Claims, Public Policy and Tort Remedies
State:
Pennsylvania

On certified question from the U.S. Court of Appeals for the Third Circuit, the Pennsylvania Supreme Court confronted the issue of whether statutory bad faith claims may be assigned to an injured... Read more