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:
1999
Court:
Pennsylvania Supreme Court, Middle District
Issue:
Refusal to Settle
State:
Pennsylvania

Payment of an excess verdict does not extinguish the insurer’s bad faith refusal to settle under Pennsylvania law.

Year:
2006
Court:
New York State Court of Appeals
Issue:
Consequential Damages , Breach of Contract
State:
New York

The policyholder sought consequential damages for the loss of its business as a result of the insurance company's refusal to make timely payment . The trial court refused to award consequential... Read more

Year:
2006
Court:
U.S. District Court, Louisiana Eastern District
Issue:
Anti-Concurrent Causation Clause
State:
Louisiana

The anti-concurrent causation language upon which Defendants rely has already been deemed ambiguous as a matter of law by another Federal Court addressing similar arguments raised by Defendants.... Read more

Year:
1995
Court:
Illinois Appellate Court, 1st District, Division 1
Issue:
Loss Mitigation
State:
Illinois

Loss Mitigation; Indemnity v. Defense; PRP letters as suits

Year:
2002
Court:
New York State Court of Appeals
Issue:
Pollution Exclusion
State:
New York

New York State law should limit the application of ISO’s standard-form pollution exclusions to industrial pollution of the environment and it should not be applied to avoid liability for routine... Read more

Year:
1996
Court:
California Court of Appeal, 3rd District
Issue:
Bad Faith in Litigation, Breach of the Implied Covenant of Good Faith and Fair Dealing
State:
California

Under New Jersey law, the obligation of good faith and fair dealing extends to the assertion, settlement and litigation of contract claims

Year:
2000
Court:
California Court of Appeal, 2nd District, Division 3
Issue:
Statue of Limitations
State:
California

Statute of Limitations-equitable estoppel

Year:
2003
Court:
U.S. Court of Appeals, 3rd Circuit
Issue:
ERISA
State:
Pennsylvania

ERISA should not preempt state insurance laws.

Year:
2003
Court:
Massachusetts Supreme Court
Issue:
Exclusions, Breach of the Implied Covenant of Good Faith and Fair Dealing, Nullification
State:
Massachusetts
Year:
2001
Court:
Texas Court of Appeals
Issue:
Bad Faith, Breach of the Implied Covenant of Good Faith and Fair Dealing
State:
Texas

Insurance nullification by litigation; bad faith