We turned to UP for help getting our homeowners insurance company to cover a $150,000+ smoke damage claim which allowed our family to get safely back into our home....
About the Amicus Library
Welcome to the Amicus Project library. Here you will find copies of the briefs we have filed on behalf of insurance consumers. UP brings a unique consumer voice before courts confronting insurance issues - reminding judges that there are real people who have suffered real loss behind the case captions.
At the time UP published its 2011 report entitled: "Twenty Years Protecting, Defending and Advancing Policyholders Rights" we had filed 300+ briefs since our founding in 1991. UP's Amicus Project output has grown exponentially and more and more courts are hearing our voice and adopting our arguments.
UP's Amicus Project is made possible by the hundreds of dedicated policyholder attorneys who generously volunteer their time to write 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.
Policyholders should have the right to select the policies under which they seek coverage, without fear of prejudice to any Laches or Course of Performance Argument. Courts should not hamstring a... Read more
Insurance company should not be able to avoid its duty to defend and indemnify based on a pollution exclusion when damage sustained was result of replacement of an old heater in a private... Read more
Insurer cannot use toxic mold protection act to shield itself from bad faith liability in a claim regarding remediation of mold. /thorough investigation/legal treatises.
Whether form in Spanish should be given to a Spanish speaker. When there are multiple forms available to insurance companies, as is the case here, the option to use one or the other should be... Read more
The need for a foreign insurer (Lloyds) to be licensed in New York State.
Attempt to stop insurer’s from engaging in the practice know as “Use it and lose it.”
Policyholders should be able to obtain copies of insurer’s claim files in litigation involving coverage dispute. /duty of good faith and fair dealing
The Court requested submission of an amicus curiae brief on the issue of "whether an excess insurer, having provided a follow-form excess insurance policy, is bound by the primary insurer’s... Read more
In a first-party action brought pursuant to Section 624.155, the attorney-client privilege does not bar production of attorney-client communications generated during the claim investigation and... Read more