In the News

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.

Sutton Booker is proud to announce Rachel Jennings has been promoted to a Partner in the firm. Rachel represents corporate and individual clients in first- and third-party insurance claims, wrongful death claims, and premises liability claims.

Sutton Booker is proud to announce Lily Nierenberg has been promoted to a Partner. Lily defends clients in matters involving UM/UIM bad faith, property damage bad faith, coverage and indemnity, and premises liability.

Sutton Booker is proud to announce Sara Randel has been promoted to a Senior Counsel! Sara represents corporate clients in civil matters, focusing on first-party bad faith, premises liability, and uninsured/underinsured motorist claims.

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.

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.

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.

Sutton Booker is proud to announce Rachel Jennings has been promoted to a Partner in the firm. Rachel represents corporate and individual clients in first- and third-party insurance claims, wrongful death claims, and premises liability claims.

Sutton Booker is proud to announce Lily Nierenberg has been promoted to a Partner. Lily defends clients in matters involving UM/UIM bad faith, property damage bad faith, coverage and indemnity, and premises liability.

Sutton Booker is proud to announce Sara Randel has been promoted to a Senior Counsel! Sara represents corporate clients in civil matters, focusing on first-party bad faith, premises liability, and uninsured/underinsured motorist claims.

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.

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.