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.

Year:
2017
Court:
Texas Supreme Court
Issue:
Duty to Defend
State:
Texas

 

Year:
2017
Court:
U.S. Court of Appeals, 8th Circuit
Issue:
Bad Faith, Duty to Investigate, Failure to Follow Internal Policies
State:
Arkansas

 

Year:
2017
Court:
Colorado Supreme Court
Issue:
Statute of Limitations, Penal Statutes, Legislative Intent
State:
Colorado

 

Year:
2017
Court:
California Supreme Court
Issue:
Accident/Occurrence, Employee's Torts and Negligence, Employer's Vicarious Liability
State:
California

California courts have long held that liability insurance covers an employer's vicarious liability for employee negligence  as well as intentional torts.

Year:
2017
Court:
Missouri Supreme Court
Issue:
Contract Interpretation, Duty to Defend, Exclusions
State:
Missouri

Insurance companies have the burden to draft express and clear exclusions when they desire to limit the coverage they sell to their policyholders.

Year:
2017
Court:
New Jersey Supreme Court
Issue:
Allocation and Contribution, Unavailability of Insurance
State:
New Jersey

Under the seminal case of Owens-Illinois v. United Ins.

Year:
2017
Court:
Texas Supreme Court
Issue:
Rules of Discovery - Native Form Documents, Claim File
State:
Texas

When homeowners file claims, insurance companies have a duty to conduct a prompt, reasonable investigation of the damage.

Year:
2017
Court:
U.S. Court of Appeals, 9th Circuit
Issue:
Duty to Defend, Scope of an Exclusion, Reasonable Expectations
State:
California

In California, coverage clauses are interpreted broadly so as to afford the greatest possible protection to the insured, while exclusions are construed narrowly and against the insurer. Exclus

Year:
2017
Court:
U.S. Court of Appeals, 9th Circuit
Issue:
Duty to Defend, Class Actions
State:
California

The most fundamental obligation of a liability insurer is to defend it's insured against suits alleging bodily injury or property damage. The duty to defend is broader than the duty to indemnify... Read more

Year:
2017
Court:
California Court of Appeal, Second District, Division One
Issue:
Fraudulent or Criminal Acts, Scope of an Exclusion, Final Adjudication
State:
California

In this letter requesting publication, UP urged publication because the decision addresses an issue of great importance to the insurance community, on which there is no published appellate... Read more