Katie Johnson and Claire Lee-Hsu obtained a complete defense jury verdict for the defendant insurance company in a claim for underinsured motorist benefits and unreasonable denial under C.R.S. § 10-3-1115, stemming from a rear-end auto accident. The plaintiff claimed right shoulder injury from the accident, resulting in surgeries, and sought underinsured motorist benefits for claimed damages above the at-fault driver’s insurance limits. She claimed past medical expenses, noneconomic damages, and physical impairment damages. The plaintiff also claimed that her insurer acted unreasonably by relying on an orthopedic surgeon consult regarding the nature and extent of the plaintiff’s claimed injuries. The plaintiff asserted that the insurer should have reached out to her treating providers rather or in addition to an independent physician, or should have retained an additional “tie-breaker” expert.
At trial, the parties each presented medical expert testimony, and the defense presented accident reconstruction/biomechanical expert testimony. The jury heard from the plaintiff’s industry standards expert about the plaintiff’s contention that the insurer acted unreasonably. The jury returned a complete defense verdict for the insurer. The plaintiff failed to prove that her damages exceeded the at-fault driver’s liability limits, and the insurer was not obligated to overpay on the claim. Judgment entered in favor of the insurer.
