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:
2008
Court:
U.S. Court of Appeals, 6th Circuit
Issue:
Voluntary payments as bar to coverage; Effect of "no action" clause
State:
Michigan

Do “voluntary payment” and “no action” terms bar payment by insurance company. Courts in Michigan and throughout the United States have held that, with regard to coverage, it makes no difference... Read more

Year:
2007
Court:
California Supreme Court
Issue:
Duty to Defend
State:
California

This case concerns the proper scope of an insurer's duty to defend its insured in circumstances indicating that the insured may have acted in self-defense. United Policyholders takes the position... Read more

Year:
2007
Court:
California Supreme Court
Issue:
Proximate Cause, Insurance Code Section 530
State:
California

DeBruyn presents a critical issue regarding the rule of efficient proximate cause and Insurance code section 530 in the aftermath of this Court's opinion in Julien v. Hartford Underwriters... Read more

Year:
2009
Court:
California Supreme Court
Issue:
Standing
State:
California

Resolves the important question of what standard should apply when a consumer (as opposed to a business) brings a claim challenging an alleged "unfair" business practice in violation of the Unfair... Read more

Year:
2004
Court:
California Supreme Court, 2nd District, Division 7
Issue:
Sufficiency of pleadings
State:
California

The Davaloo opinion is a pleading case arising out of a property insurance dispute. The opinion concerns whether or not an original complaint contained sufficient factual allegations such that an... Read more

Year:
1999
Court:
California Supreme Court
Issue:
Use of secondary evidence to prove coverage
State:
California

Opposing a Court of Appeal Decision, UP urged that insureds (including holocaust victims) who do not have copies of their original policies be allowed to offer “secondary evidence” of lost... Read more

Year:
1996
Court:
Indiana Court of Appeals
Issue:
Coverage
State:
Indiana
Year:
2006
Court:
Arizona Supreme Court
Issue:
UIM-offset
State:
Arizona

Under Arizona law, an insurer should not be allowed to use the “off-set” clause in the underinsured motorist (UIM) coverage in order to reduce the amount of UIM benefits paid to its policyholder... Read more

Year:
2004
Court:
Supreme Court South Dakota
Issue:
Automobile insurance issues
State:
South Dakota
Year:
2002
Court:
California Court of Appeal, 4th District, Division 1
Issue:
Coverage
State:
California

Duty of insurance company to cover claims not specifically addressed by court. Companion case to Ace Property.