Rachel Jennings and Jackie Booker prevailed on summary judgment in an underinsured motorist dispute where Plaintiff alleged the insurer defendant unreasonably delayed or denied her benefits pursuant to C.R.S. § 10-3-1115/1116. It was undisputed that Plaintiff had a history of pre-existing and degenerative injuries similar to those she claimed as related to the car accident, did not require emergency care after the underlying car accident, did not report the car accident to law enforcement, and had a documented history of multiple car accidents before and one after the subject accident. During the UIM claim, Plaintiff’s own treating provider refused to produce requested medical records to the insurer even with an executed medical authorization, delaying the completion of the insurer’s investigation into Plaintiff’s claim. The court entered summary judgment in favor of the insurer, holding that the Plaintiff’s claim was fairly debatable, and in the context of a fairly debatable claim, the treating provider’s failure to provide records to the insurer did not show unreasonable delay or denial of benefits by the insurer.
Rachel Jennings and Jackie Booker Prevail on Summary Judgment of Statutory Bad Faith Claims in UIM Context
by Sutton Booker | Articles, News