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:
2015
Court:
Texas Supreme Court
Issue:
Physical injury requirement for property coverage, Contract Interpretation - Ambiguity
State:
Texas

On certified question from the U.S.

Year:
2015
Court:
Florida Supreme Court
Issue:
Insolvency obligations, Covered claims
State:
Florida

Under Florida law, when insurers become insolvent, the Florida Insurance Guaranty Association ("FIGA") becomes legally obligated to pay covered claims.

Year:
2015
Court:
U.S. Court of Appeals, Eleventh Circuit
Issue:
Failure to Settle, Bad Faith/Summary Judgment
State:
Florida

Under Florida law, whether a liability insurer has failed to settle in good faith when it could and should have settled a claim is determined under the totality of the circumstances standard, with... Read more

Year:
2015
Court:
California Court of Appeal, Fifth District
Issue:
Causation, Jury Instructions
State:
California

California is among a minority of states that recognize the Efficient Proximate Cause ("EPC") doctrine.

Year:
2015
Court:
Ohio Supreme Court
Issue:
State:
Ohio

When a policyholder purchases a separate endoresment providing insurance coverage for intentional torts of employees, insurers may not disclaim coverage by using vicarious liability as a shield.... Read more

Year:
2015
Court:
California Court of Appeal, Second District, Division Seven
Issue:
Life Insurance - Indexed Annuities, Breach of Contract - Consumer Protection
State:
California

Indexed annuities are life insurance products that promise high yields for consumers.

Year:
2015
Court:
Court of Appeal, First District
Issue:
State:
Florida

Florida law imposes a non-delegable duty on title insurers to charge a lower reissue rate when a property is refinanced with clear title.

Year:
2015
Court:
New York Court of Appeals
Issue:
Contract Interpretation - Ambiguity, Extrinsic Evidence, Title Insurance
State:
New York

A court faced with textual ambiguity may review extrinsic evidence to assist the trier of fact in ascertaining what the parties intended in entering into the contract.

Year:
2015
Court:
New York Appellate Division, Manhattan
Issue:
Data Breach/Cyber Liability, Contract Interpretation
State:
New York

Insurance coverage for data breach should be available under a commercial general liability policy's "publication" provision.

Year:
2015
Court:
Louisiana Supreme Court
Issue:
Duty of Good Faith and Fair Dealing, Conduct During Settlement Negotiations
State:
Louisiana

On certified question from the U.S.