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:
2014
Court:
New York Court of Appeals
Issue:
Post-Claims Underwrting
State:
New York

“Post-claims underwriting” describes the scenario where an insurer waits until after the insured makes a claim to investigate whether the insured is eligible for coverage based on the risk he or... Read more

Year:
2014
Court:
New York Court of Appeals
Issue:
Cyber Liability - Fraud, Contract Interpretation
State:
New York

The carrier denied coverage for payments incurred as losses for fraudulent use of the insured's computer systems (bogus medicare payments). However, the insured had purchased a "Computer Systems... Read more

Year:
2014
Court:
U.S. Court of Appeals, 9th Circuit
Issue:
Direct Physical Loss - Cosmetic Damage, Reasonable Expectations - Coverage
State:
Wisconsin

Insurance contracts are to be construed in accordance with the plain meaning of terms and the reasonable expectations of the policyholder. Doing so not only ensures that parties to a contract of... Read more

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