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:
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

Year:
2001
Court:
California Supreme Court
Issue:
State:
California

Letter brief urging depublication of opinion adopting a narrow interpretation of coverage exclusion

Year:
1997
Court:
Louisiana Supreme Court
Issue:
Pollution exclusion
State:
Louisiana

Public policy requires that Standard-form, industry-wide pollution exclusions should be interpreted narrowly so as not to yield overbroad and unintended or absurd restrictions on insurance... Read more

Year:
2004
Court:
U.S. Court of Appeals, 2nd Circuit
Issue:
World Trade Center; "Period of restoration"
State:
New York

Duane Reed, a chain store of sundries and prescription drugs lost its location at the World Trade Center after 9/11. UP urged the court to consider the original location of a policyholder’s... Read more

Year:
1996
Court:
California Court of Appeal, 2nd District, Division 3
Issue:
Duty to Defend
State:
California

Duty to defend; Torts

Year:
2000
Court:
New York State Supreme Court
Issue:
Financial incentives to deny
State:
New York

Policyholders are entitled to know when an insurance company provides financial incentives to deny claims and to know when their confidential information is provided to Third Party Administrators... Read more

Year:
2000
Court:
New York State Supreme Court
Issue:
SLAPP suits
State:
New York

Claims handling philosophy; bad faith; continuing duty of good faith; SLAPP suits; fiduciary; reverse bad faith.

(See also case number 601780-98)

Year:
2005
Court:
Massachusetts District Court
Issue:
Objective evidence of disability , ERISA
State:
Massachusetts

Anti-consumer and anti-policyholder affects of denying coverage in disability cases involving both a disease that is difficult to document objectively and an overwhelming amount of medical... Read more

Year:
1997
Court:
Florida Supreme Court
Issue:
Ambiguity , Absolute Pollution Exclusion, Coverage
State:
Florida