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:
2018
Court:
Issue:
Prescriptive period to an insured's bad faith claim
State:
Louisiana

UP's position paper submitted to the Louisiana State Law Institute to urge and request the Institute support application of a ten-year prescriptive period to an insured's bad faith claims against... Read more

Year:
2018
Court:
U.S. Court of Appeal, 6th Circuit
Issue:
Depreciation of Labor
State:
Kentucky

This amicus brief discusses the wrongful depreciation of labor, an insurer strategy to minimize benefit payments after a loss.

Year:
2018
Court:
Tennessee Supreme Court
Issue:
Policyholder Reasonable Expectations
State:
Tennessee

The rules of insurance policy interpretation in the States of Tennessee and Indiana are well-settled law and should continue to preserve policyholders' reasonable expectations of coverage.

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, Cybercrime 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