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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"
Amicus Library
Year:
2003
Court:
California Court of Appeal, 3rd District
Issue:
"Use it and Lose it", Claims and Cancellation
State:
California
Attempt to stop insurer’s from engaging in the practice know as “Use it and lose it.”
Year:
1996
Court:
New York State Court of Appeals
Issue:
Late Notice
State:
New York
Year:
2000
Court:
Florida Supreme Court
Issue:
Right to Obtain a Copy of Insurance Policy, Claims Handling Rules and Regulations
State:
Florida
Policyholders should be able to obtain copies of insurer’s claim files in litigation involving coverage dispute. /duty of good faith and fair dealing
Year:
2006
Court:
Massachusetts Supreme Judicial Court
Issue:
Excess Insurance
State:
Massachusetts
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
Year:
2005
Court:
Florida Supreme Court
Issue:
Attorney Client Privilege
State:
Florida
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
Year:
2000
Court:
California Court of Appeal, 1st District, Division 5
Issue:
Corporate Restructuring - Assignment of Liabilities
State:
California
An insurance company cannot avoid coverage in a class policies simply restructuring itself and assigning its liabilities to another company without first obtaining the consent of its policyholders... Read more
Year:
1996
Court:
California Supreme Court
Issue:
Allocation and Contribution
State:
California
Insurance companies should not be allowed to profit from inconsistent coverage positions. / Allocation
Year:
2009
Court:
U.S. Court of Appeals, 5th Circuit
Issue:
State:
Texas
This appeal addresses two issues of importance to policyholders across the country: (1) can “property damage” to the insured’s “product” be considered an “accident” or “occurrence” for purposes of... Read more
Year:
1996
Court:
U.S. Court of Appeals, 6th Circuit
Issue:
Trademark Infringement, Advertising Injury
State:
Michigan
Trademark infringement claims should be covered under standard form advertising injury policy.
Year:
2007
Court:
Pennsylvania Supreme Court
Issue:
Errors and Omissions; Late Notice
State:
Pennsylvania
Errors and Omissions, or "E&O" insurance. If an insurance company attempts to avoid its coverage obligations under a claims-made policy due to “late notice,” the insurance company must bear... Read more