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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.
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UP appeared with other amici (Alco Industries, Inc., Allegheny Technologies, Inc. Ampco-Pittsburgh Corporation Arkema Inc., Bimbo Bakeries USA, Inc.
Under Louisiana law (statute), a policyholder's coverage claim against its insurer should be subject to a 10-year prescriptive period.
Many states have enacted statutes that encourage insurance companies to pay policyholders, or those who stand in their shoes, promptly benefits owing under an insurance policy.
Insurance policies rarely, if ever, exclude coverage for negligent or reckless conduct.
When an insurance company obtains confidential information from coverage counsel for the insured, it is estopped from asserting coverage defenses based upon the improperly obtained information.
The duty to defend is broader than the duty to indemnify. It is the most fundamental duty of a liability insurer.
UP submitted letters requesting depublication of the appellate decision and supporting review by the California Supreme Court.
Fundamental principles of California insurance law ensure that coverage exclusions are construed narrowly to avoid defeating the mutual intentions of the parties and, particularly, the reasonable... Read more
The notice prejudice rule protects policyholders from undue forfeiture of benefits when they fail to report a claim within the applicable insurance policy's deadline.