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" 

Amicus Library

Jane Doe v. Harvard Pilgrim Health Care Inc. and the Harvard Pilgrim PPO Plan MA Group Policy # 0588660000
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

Lammert et al v. Auto Owners Mut. Ins. Co.
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.

Jemiola v. Hartford Casualty Ins. Co.
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

Howisey v. Transamerica Life Ins. Co.
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.

Medidata Solutions, Inc. v. Federal Ins. Co.
Year:
2018
Court:
U.S. Court of Appeals, 2nd Circuit
Issue:
Causation/Direct Loss, Cybercrime Coverage, Ambiguities/Reasonable Expectations
State:
New York

Businesses are increasingly looking to their property and liability insurance policies for indemnification and defense in connection with cyber crimes including data breaches, hacks and ransomware... Read more

Bechir Louati v. State Farm Fire and Casualty
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.

Massachusetts Mutual Life Ins. Co. v. San Francisco Superior Court
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

Keysan East Gast Corporation v. Munich Re America, Inc.
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.

Pennsylvania Manufacturer's Ass'n Ins. Co. v. Johnson Matthey, Inc. et al
Year:
2017
Court:
Pennsylvania Supreme Court
Issue:
Contract Interpretation, Environmental Liabilities, Trigger of Coverage
State:
Pennsylvania

UP appeared with other amici (Alco Industries, Inc., Allegheny Technologies, Inc. Ampco-Pittsburgh Corporation Arkema Inc., Bimbo Bakeries USA, Inc.

Labarre et al v. Texas Brine Co., LLC (Indian Harbor Ins. Co.)
Year:
2017
Court:
Louisiana Supreme Court
Issue:
Statute of Limitations, Bad Faith
State:
Louisiana

Under Louisiana law (statute), a policyholder's coverage claim against its insurer should be subject to a 10-year prescriptive period.

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