In the News

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.

Cara Knight and Jackie Booker obtained summary judgment in favor of an insurer on plaintiff’s common law and statutory bad faith claims. The UIM insurer investigated the claim and declined to pay benefits because plaintiff was likely more at fault for the accident. The insurer filed a motion for summary judgment on Plaintiff’s extra-contractual claims arguing Plaintiff could not establish that the insurer acted unreasonably in violation of an industry standard. The Court ultimately held that no reasonable jury could find that the insurer unreasonably decided liability adversely to Plaintiff and dismissed the bad faith and unreasonable delay and denial claims.

Katie Johnson and Rachel Jennings obtained a favorable verdict in an admitted liability case on behalf of a large retailer. Plaintiff sought over $1,000,000 in economic losses for past medical expenses and wage loss, and future wage loss for the claimed inability to return to work. The jury awarded $30,157.57 in past medical expenses and wage loss, and $0 for noneconomic losses or physical impairment. Because the plaintiff failed to beat the retailer’s pre-trial offer of settlement, judgment was entered in favor of the retailer for trial costs.

Rachel Jennings and Jackie Booker prevail on summary judgment obtaining dismissal of statutory bad faith claim when the Court found the Plaintiff’s UIM claim was fairly debatable.

Ashley Larson and Cara Knight obtained a defense verdict for a retailer in a slip and fall incident on an advertising poster. Plaintiff alleged he slipped and fell on a poster that had fallen out of a sandwich board easel at the store’s front entrance and alleged over $1.5 million in damages. The jury returned a defense verdict in favor of the retailer no liability under the Premises Liability Act.

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.

Cara Knight and Jackie Booker obtained summary judgment in favor of an insurer on plaintiff’s common law and statutory bad faith claims. The UIM insurer investigated the claim and declined to pay benefits because plaintiff was likely more at fault for the accident. The insurer filed a motion for summary judgment on Plaintiff’s extra-contractual claims arguing Plaintiff could not establish that the insurer acted unreasonably in violation of an industry standard. The Court ultimately held that no reasonable jury could find that the insurer unreasonably decided liability adversely to Plaintiff and dismissed the bad faith and unreasonable delay and denial claims.

Katie Johnson and Rachel Jennings obtained a favorable verdict in an admitted liability case on behalf of a large retailer. Plaintiff sought over $1,000,000 in economic losses for past medical expenses and wage loss, and future wage loss for the claimed inability to return to work. The jury awarded $30,157.57 in past medical expenses and wage loss, and $0 for noneconomic losses or physical impairment. Because the plaintiff failed to beat the retailer’s pre-trial offer of settlement, judgment was entered in favor of the retailer for trial costs.

Rachel Jennings and Jackie Booker prevail on summary judgment obtaining dismissal of statutory bad faith claim when the Court found the Plaintiff’s UIM claim was fairly debatable.

Ashley Larson and Cara Knight obtained a defense verdict for a retailer in a slip and fall incident on an advertising poster. Plaintiff alleged he slipped and fell on a poster that had fallen out of a sandwich board easel at the store’s front entrance and alleged over $1.5 million in damages. The jury returned a defense verdict in favor of the retailer no liability under the Premises Liability Act.