“(United Policyholders) provided helpful insights into the state of the current insurance market for earthquake, fire and flood coverage, and the critical rile insurance plays in the ability of our communities recover from such catastrophic events. You brought an important and unique perspective to the hearing, that of homeowners themselves.”
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.
Amicus Library
Year:
2018
Court:
U.S. Court of Appeal, 6th Circuit
Issue:
Depreciation of labor in the context of actual cash value adjustments of homeowners’ claims.
State:
Kentucky
Year:
2018
Court:
Supreme Court
Issue:
The rules of insurance policy interpretation in the State of Tennessee should continue to preserve policyholders' reasonable expectations of coverage. Ambiguous policy wording should be interpreted in favor of coverage.
State:
Tennessee
Year:
2018
Court:
U.S. Court of Appeals for the First Circuit
Issue:
ERISA requires a fiduciary to investigate and to seek and to obtain readily-available information necessary to decide a benefit claim.
State:
Massachusetts
This amicus brief addresses the ERISA fiduciary’s duty under the ERISA statute and Secretary of Labor regulations to afford full and fair review when a fiduciary denies a benefit claim This duty... Read more
Year:
2018
Court:
Tennessee Supreme Court
Issue:
Depreciation of Labor
State:
Tennessee
Tennessee law upholds a policyholder's reasonable expectations of coverage. Consistent with those principles, the cost of labor should not be depreciated.
Year:
2018
Court:
Connecticut Supreme Court
Issue:
Reasonable Expectations, Collapse Coverage
State:
Connecticut
It is black letter law that ambiguous terms in insurance policies must be construed against the drafter (the insurer) in favor of coverage for the policyholder in accordance with their reasonable... Read more
Year:
2018
Court:
U.S. Court of Appeals, 9th Circuit
Issue:
Reasonable Expectations, Contra Proferentem/Contract Interpretation
State:
Washington
Insurance policies are contracts of adhesion.
Year:
2018
Court:
U.S. Court of Appeals, 2nd Circuit
Issue:
Causation/direct loss, Cyber crime coverage, Ambiguities/reasonable expectations
State:
New York
An insurance policy's coverage grant must be interpreted in a broad sense, as to afford coverage to the insured where reasonable.
Year:
2018
Court:
Appellate Division, First Department
Issue:
Scope of Appraisal
State:
New York
Appraisal is an expeditious, cost-effective procedure by which the policyholder and the insurance company can resolve disputes without resorting to litigation.
Year:
2018
Court:
California Court of Appeal, First Appellate District, Division Two
Issue:
Post Claims Underwriting
State:
California
UP wrote in opposition to a writ sought by the insurance company that would overturn a trial court ruling that held that an insurance company may not rescind a long term care insurance policy... Read more
Year:
2018
Court:
New York Court of Appeals
Issue:
Allocation and Contribution, Unavailability of Insurance
State:
New York
In the case of indivisible long-tail injury claims that have a latent manifest, the "all sums" approach protects the policyholder from litigating with every insurer that may have liability.