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:
2006
Court:
California Supreme Court
Issue:
Garage keepers policy; interpretation of "necessary or incidental"
State:
California

Letter brief requesting Petition for Review of Appellate decision. Under a garage keepers policy the phrase “necessary or incidental to” when evaluating scope of coverage is not supported by the... Read more

Year:
2003
Court:
Florida Supreme Court
Issue:
Earth Movement
State:
Florida

Earth movement exclusion should not be narrowly interpreted.

Year:
1998
Court:
U.S. Court of Appeals, 6th Circuit
Issue:
Meaning of “arising out of” in an advertising injury claim
State:
Michigan
Year:
2003
Court:
Texas Supreme Court
Issue:
Coverage
State:
Texas

The “all sums” language in a liability policy of insurance should be construed to provide coverage for gross negligence and punitive damages.

Year:
2007
Court:
California Supreme Court
Issue:
Provisions of Consumers Legal Remedies Act (CLRA) should apply to insurance
State:
California

The provisions of the CLRA, Civil Code Section 1750, et seq. which prohibit “unfair methods of competition and unfair or deceptive acts or practices” in the sale or lease of “goods or services” to... Read more

Year:
2002
Court:
U.S. Court of Appeals, 9th Circuit
Issue:
Statute of Limitations
State:
Oregon

The doctrine of equitable tolling requires that suit limitations in a policy be tolled between the date the insurer receives notice of the claim and the date it denies the claim.

Year:
2003
Court:
Texas Supreme Court
Issue:
Defense costs
State:
Texas

Insurer’s ability to recover defense costs from insureds.

See also Hollock.

Year:
2007
Court:
California Court of Appeal, 4th District, Division 3
Issue:
Underinsurance, Request for Depublication
State:
California

Everett puts the onus on people who are not trained or competent to set policy limits. They and countless California homeowners who will be impacted by future wildfires and other natural disasters... Read more

Year:
1995
Court:
California Supreme Court
Issue:
Arbitration clause--interpretation
State:
California

When a contract of adhesion such as in a medical plan, contains an arbitration clause, the judiciary should be able o review the arbitration systems to determine their fairness and neutrality.

Year:
1997
Court:
Illinois Appellate Court, 2nd District
Issue:
Duty to Defend
State:
Illinois

The duty to defend should be determined solely from the allegations appearing on the face of the complaint. In determining whether or not the insurance company has the duty to defend, the trial... Read more