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In the News

Partner Lily Nierenberg Obtains Summary Judgment in Favor of Insurer in East Troublesome Fire case

Partner Lily Nierenberg obtained summary judgment in favor of an insurance company in a case stemming from an insurance claim related to the total loss of a property in the East Troublesome Fire. The Court held plaintiffs had failed to put forth evidence that they were owed additional amounts under the policy, or that the insurance company had unreasonably delayed any covered amounts that it had paid. The Court further held that there was no dispute on the question of whether the insurance company had handled the claim in good faith, especially as it had paid more than $400,000 within a month of the loss, followed by the policy limits well within a year.

Sandy Eloranto Obtains Dismissal on Summary Judgment in Property Damage Bad Faith Action

Shareholder Sandy Eloranto obtained dismissal of claims against an insurer on summary judgment in a property damage bad faith action. The Court rejected Plaintiff’s argument that the actual cash value limitation applied only to the “roof surface” and not to other roof components. The Court similarly rejected Plaintiff’s attempt to use hypothetical code upgrades not mentioned in the Complaint to create a dispute of fact over whether additional amounts were owed. Because the Court found the carrier’s life cycle costing expert’s calculations to be unrebutted, it agreed the actual cash value of Plaintiffs’ wood roofs is zero. The Court dismissed Plaintiff’s claims, denied his motion to add a claim for punitive damages, and entered judgment in the carrier’s favor, showing how pivotal the actual cash value definition contained in the policy was in the claim and the litigation.

Colorado Court of Appeals Affirms Dismissal of Franchisor and Awards Attorney Fees and Costs

The Colorado Court of Appeals affirmed the Rule 12(b)(5) dismissal of premises liability and negligence claims, and an award of attorney fees and costs, in favor of a franchisor when Plaintiff alleged she tripped and fell at a franchised restaurant. Shareholder Ashley Larson briefed the motion to dismiss and subsequent appeal, and argued the case at Oral Argument.

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Partner Lily Nierenberg Obtains Summary Judgment in Favor of Insurer in East Troublesome Fire case

Partner Lily Nierenberg obtained summary judgment in favor of an insurance company in a case stemming from an insurance claim related to the total loss of a property in the East Troublesome Fire. The Court held plaintiffs had failed to put forth evidence that they were owed additional amounts under the policy, or that the insurance company had unreasonably delayed any covered amounts that it had paid. The Court further held that there was no dispute on the question of whether the insurance company had handled the claim in good faith, especially as it had paid more than $400,000 within a month of the loss, followed by the policy limits well within a year.

Sandy Eloranto Obtains Dismissal on Summary Judgment in Property Damage Bad Faith Action

Shareholder Sandy Eloranto obtained dismissal of claims against an insurer on summary judgment in a property damage bad faith action. The Court rejected Plaintiff’s argument that the actual cash value limitation applied only to the “roof surface” and not to other roof components. The Court similarly rejected Plaintiff’s attempt to use hypothetical code upgrades not mentioned in the Complaint to create a dispute of fact over whether additional amounts were owed. Because the Court found the carrier’s life cycle costing expert’s calculations to be unrebutted, it agreed the actual cash value of Plaintiffs’ wood roofs is zero. The Court dismissed Plaintiff’s claims, denied his motion to add a claim for punitive damages, and entered judgment in the carrier’s favor, showing how pivotal the actual cash value definition contained in the policy was in the claim and the litigation.

Colorado Court of Appeals Affirms Dismissal of Franchisor and Awards Attorney Fees and Costs

The Colorado Court of Appeals affirmed the Rule 12(b)(5) dismissal of premises liability and negligence claims, and an award of attorney fees and costs, in favor of a franchisor when Plaintiff alleged she tripped and fell at a franchised restaurant. Shareholder Ashley Larson briefed the motion to dismiss and subsequent appeal, and argued the case at Oral Argument.

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