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:
2017
Court:
Arizona Supreme Court
Issue:
Punitive Damages
State:
Arizona

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

Year:
2016
Court:
Nevada Supreme Court
Issue:
Duty to Defend, Consequential Damages
State:
Nevada

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.

Year:
2016
Court:
U.S. Court of Appeals, 8th Circuit
Issue:
Depreciation of Labor
State:
Missouri

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.

Year:
2016
Court:
Florida Court of Appeal, Second District
Issue:
Performance Bonds
State:
Florida

A typical surety relationship is created where a contractor undertakes a construction project and obtains a bond to assure its performance.

Year:
2016
Court:
Florida Court of Appeal, Third District
Issue:
Actual Cash Value
State:
Florida

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

Year:
2016
Court:
U.S. Court of Appeals, 7th Circuit
Issue:
Reasonable Expectations, Construction Defect, Propery damage coverage under a CGL policy
State:
Wisconsin

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

Year:
2016
Court:
Florida Supreme Court
Issue:
Duty to Defend
State:
Florida

The duty to defend is the most fundamental duty of a liability insurer. The duty to defend is broader than the duty to indemnify.

Year:
2016
Court:
Texas Supreme Court
Issue:
Statutory Bad Faith, Duty to Investigate
State:
Texas

The Texas Insurance Code allows for a private right of action for bad faith when an insurance company violates certain claims handling standards.

Year:
2016
Court:
North Carolina Court of Appeals
Issue:
Allocation and Contribution, Duty to Defend and Indemnify
State:
North Carolina
Year:
2016
Court:
Maryland Court of Appeals
Issue:
Notice Prejudice, Duty to Defend
State:
Maryland

Under Maryland law, an insurance company must show actual prejudice in order to deny coverage for a late-reported claim.