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:
2016
Court:
Florida Court of Appeal, Third District
Issue:
Actual Cash Value
State:
Florida

Under Florida law, an insurance company is obligated to pay actual cash value ("ACV") without requiring the policyholder to first complete the repairs necessary to collect full replacement cost.... Read more

Year:
2016
Court:
U.S. Court of Appeals, 7th Circuit
Issue:
Reasonable Expectations, Construction Defect, Propery damage coverage under a CGL policy
State:
Wisconsin

A Commercial General Liability ("CGL") policy provides manufacturers, contractors, and subcontractors with insurance coverage if their work or their product is involved in a property damage claim... Read more

Year:
2016
Court:
Florida Supreme Court
Issue:
Duty to Defend
State:
Florida

The duty to defend is the most fundamental duty of a liability insurer. The duty to defend is broader than the duty to indemnify.

Year:
2016
Court:
Texas Supreme Court
Issue:
Statutory Bad Faith, Duty to Investigate
State:
Texas

The Texas Insurance Code allows for a private right of action for bad faith when an insurance company violates certain claims handling standards.

Year:
2016
Court:
North Carolina Court of Appeals
Issue:
Allocation and Contribution, Duty to Defend and Indemnify
State:
North Carolina
Year:
2016
Court:
Maryland Court of Appeals
Issue:
Notice Prejudice, Duty to Defend
State:
Maryland

Under Maryland law, an insurance company must show actual prejudice in order to deny coverage for a late-reported claim.

Year:
2016
Court:
California Supreme Court
Issue:
Appraisal
State:
California

UP submitted a letter urging the California Supreme Court to grant review on a very important issue for homeowners: whether an insurance company whose policy contains an appraisal provision as a... Read more

Year:
2016
Court:
California Court of Appeal
Issue:
State:
California

UP submitted a request to depublish a portion of an appellate opinion which improperly made a finding of fact about an insurance bad faith dispute.

Year:
2016
Court:
U.S. Court of Appeals, 10th Circuit
Issue:
Underinsurance
State:
Colorado

After wildfires and other major disasters that result in total losses, many homeowners find themselves underinsured.

Year:
2016
Court:
Colorado Court of Appeals
Issue:
Notice Prejudice
State:
Colorado

Colorado's notice-prejudice protects policyholders from a forfeiture of coverage for late reporting of a claim by requiring the insurer to show actual prejudice as a result of the late reporting... Read more