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:
2000
Court:
California Court of Appeal, 2nd District, Division 3
Issue:
Bad Faith, Biased Experts
State:
California

Insurance companies should not be allowed to escape liability simply by hiring an expert. As a matter of law, the insurance company must conduct a fair and thorough investigation or whether or not... Read more

Year:
1996
Court:
Michigan Supreme Court
Issue:
First manifest-environmental damage
State:
Michigan

In a policy involving environmental damage which actually took place over many years and spanning multiple insurance policy periods, coverage should not be limited only to insurance policies in... Read more

Year:
2003
Court:
California Supreme Court
Issue:
Attorney's fees
State:
California

Insureds should have the right to recover attorney’s fees incurred to recover unpaid benefits.

Year:
1997
Court:
New Jersey Supreme Court
Issue:
All sums
State:
New Jersey

Trigger of coverage; all sums; estoppel; joint & severe liability

Year:
2002
Court:
California Court of Appeal, 1st District, Division 4
Issue:
Long-term care
State:
California

Insurer should not be able to deny long term care policy years later on basis of alleged misrepresentation on application where insured now has Alzheimer’s. (Post claims underwriting)

Year:
1998
Court:
U.S. Court of Appeals, 8th Circuit
Issue:
Duty to Defend
State:
Minnesota

Insurers are obligated to pay defense costs for tortuous allegations in a complaint where distinct claims for an intellectual property tort is alleged along with a breach of contract claim.

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

Health Plans play the same function as health insurers and should be held to the same standards. Policyholders reasonably expect adequate payment by health plans for their healthcare. Because... Read more

Year:
2001
Court:
California Court of Appeal, 3rd District
Issue:
Private right of enforcement
State:
California

Writ of Mandate requiring California Dept. of Managed Health Care to obey and enforce Health & Safety Code section 137.30(h) (Knox-Keene Act). Policyholders should be able to obtain documents... Read more

Year:
2003
Court:
California Supreme Court
Issue:
Auto Insurance
State:
California

California motor vehicle insurance provides coverage for injuries bearing almost any causal relationship to the vehicle.

Year:
1996
Court:
California Supreme Court
Issue:
Duty to Defend
State:
California

Under California law an insurer has a duty to defend the entire case as long as there is a potential for coverage of even one claim. Insurer can request an allocation of costs after defense is... Read more