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:
2001
Court:
Ohio Supreme Court
Issue:
Insureds not required to allocate damages
State:
Ohio

Court adopted UP’s argument that insurance companies cannot require that insureds allocate damage among various policies.

Year:
2003
Court:
Ohio Court of Appeals, 8th District
Issue:
Coverage
State:
Ohio

This case addresses the availability of insurance coverage to corporate policyholders after corporate transactions. The insurance companies had argued that certain corporate transactions eliminate... Read more

Year:
2003
Court:
U.S. Court of Appeals, 9th Circuit
Issue:
ERISA
State:
Arizona

Participants and Beneficiaries suing on behalf of an ERISA plan under 502(a) (2) should be able to seek money from the plan in the same manner as a fiduciary. Petition for rehearing.

Year:
2001
Court:
U.S. Court of Appeals, 11th Circuit
Issue:
ERISA
State:
Alabama

Scope of ERISA preemption after Unum Life Insurance v. Ward. United Policyholders argued that remedial state statutes regulate insurance and should not be pre-empted by ERISA.

Year:
1996
Court:
Kentucky Supreme Court
Issue:
Fairly Debatable Standard
State:
Kentucky

Insurance coverage; “fairly debatable” standard; reformation; bad faith; fiduciary duty; attorney-client privilege-standard of review

Year:
2005
Court:
U.S. Court of Appeals, 3rd Circuit
Issue:
Commercial General Liability policies
State:
Pennsylvania

The issue on appeal in this case primarily impacts commercial policyholders. A lower court granted an insurer's motion and dismissed a policyholder's case because they did not sue every possible... Read more

Year:
2003
Court:
U.S. Court of Appeals, 6th Circuit
Issue:
Environmental cleanup
State:
Ohio

Coverage for environmental cleanup should be consistent with insured’s reasonable expectations of coverage

Year:
1994
Court:
Pennsylvania Common Pleas Court, Lycoming County
Issue:
Good Faith and Fair Dealing
State:
Pennsylvania

Insured should have a reasonable expectation that the third party administrator (TPA) administering a claim has an obligation of good faith and fair dealing.

Year:
2002
Court:
Mississippi Supreme Court
Issue:
Insurance as Public Service
State:
Mississippi

Public service nature of insurance—duty of good faith and fair dealing

Year:
2004
Court:
U.S. Supreme Court
Issue:
Duty to bankrupt policyholders
State:
--United States--

Insurer’s obligation to bankrupt policyholder post discharge. Asbestos case.