About the Amicus Library

Welcome to the Amicus Project library.  Here you will find copies of the 400+ legal briefs United Policyholders has filed as an "amicus curiae" (friend of the court) since 1991. We file amicus briefs to help courts respect and effectuate consumers' reasonable expectations of coverage and reach fair results in coverage and claim dispute lawsuits.  In addition to calling courts' attention to helpful legal precedents, UP helps judges consider the impact of their decisions on people and businesses that suffer dire consequences when insurance companies put their own profit motives ahead of their customers' best interests.

The United Policyholders Amicus Project is made possible by the hundreds of dedicated policyholder attorneys who generously volunteer their time to write, review and edit 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.

UP chronicled our Amicus Project in a 2011 report titled "Twenty Years Protecting, Defending and Advancing Policyholders Rights

Year:
2019
Court:
Supreme Court of the State of Connecticut
Issue:
Manifestation vs. Continuous Trigger--Homeowner's Insurance Contract Interpretation
State:
Connecticut

The underlying case involves insurance companies denying the policyholders' claims for insurance coverage after they discovered severe cracking in their basement walls under policies covering... Read more

Year:
2019
Court:
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Issue:
Depreciation of Labor in Calculation of Actual Cash Value
State:
Mississippi

In this amicus brief, UP argues that labor should not be depreciated by insurance companies in their determination of  actual cash value.

Year:
2019
Court:
Commonwealth of Kentucky Supreme Court
Issue:
Policyholders have a right to hold insurers accountable in open court in a jury trial
State:
Kentucky

**UPdate 4/25: The Kentucky Supreme Court dismissed the petition as settled.

Year:
2019
Court:
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
Issue:
Fair and unfair depreciation applied by insurers to property claims
State:
Ohio

 

Year:
2018
Court:
United States Court of Appeals for the Third Circuit
Issue:
Insurance contract interpretation , policyholder reasonable expectations , Duty to defend
State:
Pennsylvania

In its brief, UP focuses on three grounds for reversal of the district court opinion:

Year:
2018
Court:
Supreme Court of California
Issue:
Title Insurance
State:
California

UP's Amicus Curiae Letter in Support of Petition for Review, or in the alternative Request for Depublication of Villanueva v.

Year:
2018
Court:
Supreme Court of the State of Connecticut
Issue:
Contract Interpretation, Ambiguous Terms and Extrinsic Evidence
State:
Connecticut

"Substantial impairment of structural integrity" is the applicable standard for "collapse" and need not be clarified.

Year:
2018
Court:
Superior Court of Pennsylvania
Issue:
Duty to Defend
State:
Pennsylvania

Insurance companies may not preemptively discern an intent to cause injury when a complaint alleges accidental injury to nullify the insurer's duty to defend.

Year:
2018
Court:
Eleventh Circuit
Issue:
Duty to Defend
State:
Florida

In its brief, UP argues that the District Court erred in determining Travelers did not owe a duty to defend based on Exclusion (j)(5).

Year:
2018
Court:
Louisiana Court of Appeal, Third Circuit
Issue:
Ten-year prescriptive period for bad faith refusal to pay claim , Duty of good faith and fair dealing
State:
Louisiana