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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.
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Under Massachusetts law, an insurance company's duty to defend is broad and encompasses the prosecution of a policyholder's counterclaims.
In a brief supporting a petition for review, UP argued that when a reviewing court disregards a jury's finding that punitive damages were warranted in an insurance bad faith case, it is harmful to... Read more
Under contract principles, a party that breaches a duty owed under a contract is liable for losses consequential for that breach when there is a special circumstance present.
Depreciation of labor in an actual cash value payment is fundamentally at odds with the the purpose of insurance - to indemnify the policyholder in case of a loss.
A typical surety relationship is created where a contractor undertakes a construction project and obtains a bond to assure its performance.
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
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
The duty to defend is the most fundamental duty of a liability insurer. The duty to defend is broader than the duty to indemnify.
The Texas Insurance Code allows for a private right of action for bad faith when an insurance company violates certain claims handling standards.