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

The Florida Legislature has mandated under Fla. Stat.

Year:
2017
Court:
U.S. Court of Appeals, 11th Circuit
Issue:
Insurer's Duty to Settle, Good Faith and Fair Dealing
State:
Georgia

An insurer's duty of good faith and fair dealing extends to settling claims against its insured.

Year:
2017
Court:
U.S. Court of Appeals, 11th Circuit
Issue:
Force-placed Insurance, Regulatory Approval of Rates
State:
Florida

In general, state insurance regulators must approve an insurer's rates before their insurance products are sold to the public.

Year:
2017
Court:
Pennsylvania Supreme Court
Issue:
Bad faith
State:
Pennsylvania

Under Pennsylvania law, insurance companies are subject to attorneys fees and punitive damages for acting in bad faith towards their policyholders.

Year:
2016
Court:
Massachusetts Supreme Judicial Court
Issue:
Duty to Defend, Counterclaims
State:
Massachusetts

Under Massachusetts law, an insurance company's duty to defend is broad and encompasses the prosecution of a policyholder's counterclaims.

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