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:
2007
Court:
Mississippi Supreme Court
Issue:
Katrina, Anti-concurrent cause
State:
Mississippi

Interlocutory Appeal. Addresses numerous issues: 1). In an “all risk” policy, once the insured proves that “a direct physical loss” was sustained, the insurer has the burden of proof to establish... Read more

Year:
1996
Court:
Washington State Supreme Court
Issue:
Absolute Pollution Exclusion
State:
Washington
Year:
2000
Court:
California Supreme Court
Issue:
Duty to Defend
State:
California

UP filed a letter brief requesting review or depublication. UP supported position that the underlying allegations determine both coverage and the duty to defend regardless of how they may be... Read more

Year:
2002
Court:
Maine Superior Court, Kennebec County
Issue:
Freedom of Information Act request
State:
Maine

Request made under Freedom of Information Act for unredacted version of Arthur Anderson’s report on UnumProvident’s claims handling and other practices for the Maine Department of Insurance.

Year:
1998
Court:
Pennsylvania Supreme Court, Eastern District
Issue:
Trigger of Coverage, Public policy
State:
Pennsylvania
Year:
2000
Court:
New York State Court of Appeals
Issue:
Recoverable damages
State:
New York

Insurance companies must pay the entire sum of any liability caused by an accident or occurrence so long as the accident or occurrence causes bodily injury or property damage within the policy... Read more

Year:
2005
Court:
California Court of Appeal
Issue:
Pollution exclusion; Duty to defend
State:
California

This case involves the proper scope and application of the “reasonable expectations doctrine.” Composting facilities create offensive odors in the ordinary course of business by composting mainly... Read more

Year:
1994
Court:
Massachusetts Supreme Judicial Court
Issue:
Claims submitted to an insolvency fund
State:
Massachusetts
Year:
1997
Court:
Indiana Supreme Court
Issue:
Conflict of Interest
State:
Indiana

Insurers should not be allowed to use in-house employee-attorneys to defend policyholder clients because the inherent conflict of interest robs the policyholder of the right to a vigorous,... Read more

Year:
2005
Court:
U.S. District Court, Louisiana Eastern District
Issue:
Katrina, Anti-concurrent cause, Value policy law
State:
Louisiana

The Court must reject State Farm’s untenable and unsupported suggested interpretation of the VPL which, in effect, seeks to render the VPL inapplicable to situations where a covered peril and a... Read more