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:
2002
Court:
Georgia Court of Appeals
Issue:
Discovery
State:
Georgia

Brief requesting that the State of Georgia be forced to make the Insurance Commissioner’s investigative study of UnumProvident public.

Year:
2006
Court:
Rhode Island Superior Court
Issue:
Discovery
State:
Rhode Island

United Policyholders filed an amicus brief to educate the court on why documents and reports resulting from Market Conduction Examinations conducted by state insurance regulators are discoverable... Read more

Year:
2010
Court:
New York Supreme Court, Appellate Division, 4th Department
Issue:
Notice-prejudice
State:
New York

The issue in this case was whether the lower court erred in dismissing policyholder’s claim for insurance coverage based on untimely notice by failing to consider prejudice to the insurance... Read more

Year:
2002
Court:
California Supreme Court
Issue:
Commercial general liability policy; "first manifest"
State:
California

The fundamental characteristic of a general liability policy (CGL) providing coverage on the basis of an occurrence is that the policy never expires even after the policy expires. If the... Read more

Year:
1998
Court:
Georgia Supreme Court
Issue:
Umbrella Coverage
State:
Georgia

UP argues that the purpose of an umbrella general liability policy is to provide coverage above a (nominal retained limit) for claims deemed not to be covered by the underlying CGL policies.

Year:
2008
Court:
California Supreme Court
Issue:
Disclosure
State:
California

Neutral arbitrators, as well as sitting judges, should be required to disclose the facts and circumstances of a previous censure. The disclosure requirements for neutral arbitrators is critically... Read more

Year:
2002
Court:
U.S. Court of Appeals, 1st Circuit
Issue:
Disability benefits and definitions
State:
New Hampshire

In absence of definition of “crime” in the policy, disability benefits should not be denied when first time offense was considered a “violation” and not a “crime.”

Year:
2004
Court:
U.S. Court of Appeals, 2nd Circuit
Issue:
Public service nature of insurance; insurance principles
State:
New York

UNUM denied claim; tutorial—public service nature of insurance; insurance principles.

Year:
2008
Court:
North Carolina Supreme Court
Issue:
Advertising injury, Duty to Defend
State:
North Carolina

The policyholder’s ultimate liability has no bearing on the determination of whether an insurance company must defend the policyholder against a suit for “personal injury advertising injury.”... Read more

Year:
2002
Court:
Montana Supreme Court
Issue:
Stacking
State:
Montana

Prohibiting stacking for policyholders who pay multiple premiums is not rationally related to making insurance affordable.