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.

Amicus Library

Georgia Farm Bureau Mut. Ins. Co. v. Bobby Chupp and Amy Smith
Year:
2015
Court:
Georgia Supreme Court
Issue:
Absolute Pollution Exclusion
State:
Georgia

Claims for personal injury resulting from lead-based paint ingestion are not excluded from coverage pursuant to pollution exclusions typically included in commercial general liability (“CGL”)... Read more

Monarch et al v. National Union Fire Ins. Co.
Year:
2015
Court:
New York Court of Appeals
Issue:
Regulatory Authority, Prior Approval of Policies
State:
New York

Under the California Insurance Code, the Worker's Compensation Insurance Rating Bureau is required to submit policy forms to the Department of Insurance for review before they may be approved for... Read more

Thornell et al v. State Farm and Seattle Service Bureau
Year:
2015
Court:
Washington Supreme Court
Issue:
Unfair Debt Collection Practices, Scope of State Consumer Protection Law
State:
Washington

Under the Washington state Consumer Protection Act ("CPA") consumers are protected from harassing and misleading collection notices from unscrupulous debt collectors who target, at the behest of... Read more

Maplewood Partners v. Indian Harbor Ins. Co.
Year:
2015
Court:
U.S. Court of Appeals, 11th Circuit
Issue:
Attorney-Client and Work-Product Privilege, Tripartite Relationship
State:
Florida

The District Court set a dangerous precedent in regards to the discovery and use of documents protected by the attorney-client privilege and work product immunity in insurance coverage cases.

St. Paul Mercury Ins. Co. v. American Bank Holdings, Inc.
Year:
2015
Court:
U.S. Court of Appeals for the 4th Circuit
Issue:
Notice Prejudice, Insured's Duty to Defend
State:
Maryland

UP addressed two issues in its brief: (1) under Maryland law, an insurer must show actual prejudice in order to escape coverage for a valid claim that is reported after the policy deadline; and (2... Read more

California Fair Plan Association v. Marlene Garnes
Year:
2015
Court:
California Court of Appeal, First Appellate District, Division Two
Issue:
Loss Settlement Valuation for Actual Cash Value Policies
State:
California

 

Letters to California Judicial Council re: Civil Jury Instructions for Bad Faith and Insurer Defense Cost Reimbursement
Year:
2015
Court:
Issue:
Bad Faith, Defense Cost Reimbursement
State:
California

UP submitted letters to the California Judicicial Council regarding proposed revisions to California Civil Jury Instructions ("CACI") Nos. 2330-2337 and 2351: 

Centex Homes v. St. Paul Ins. Co.
Year:
2015
Court:
California Supreme Court
Issue:
Independent (Cumis) Counsel
State:
California

UP and the Consumer Attorneys of California submitted a letter supporting a petition for review in an important case involving a policyholder's right to independent counsel. A policyholder's r

Schnitzer Steel et al v. Continental Casualty Co et al.
Year:
2015
Court:
U.S. Court of Appeals. 9th Circuit
Issue:
Attorney's Fees , Environmental Liabilities
State:
Oregon

Under Oregon law, policyholders who sue their insurance company for delaying or denying legitimate claims can recover their attorney's fees.

Montanile v. Board of Trustees of the National Elevator Industry Health Plan
Year:
2015
Court:
U.S. Supreme Court
Issue:
Health insurance and Social Security reimbursement under ERISA
State:
U.S. Supreme Court

UP weighed in because the Court’s decision could have broad-reaching implications for participants in disability plans as well as health plan participants. Most, if not all, employer-sponsored