Supreme Court Issues Two Opinions Under Colorado’s Unreasonable Delay/Denial Statute
On May 29, 2018, in two separate rulings, the Colorado Supreme Court issued opinions interpreting and applying C.R.S. §§ 10-3-1115/1116, Colorado statutes that provide a private right of action against an insurer for unreasonable delay or denial of insurance benefits. In these opinions, the Supreme Court held that claims under the statute are not subject […]
New Colorado Supreme Court Opinion Affirms Fisher v. State Farm Mut. Auto. Ins. Co.
The Colorado Supreme Court affirmed the Court of Appeals Opinion in Fisher v. State Farm Mut. Auto. Ins. Co., holding, in the context of an Underinsured Motorist claim, that an insurer could be liable for treble damages under C.R.S. § 10-3-1115 if it refuses to pay a covered benefit that is not in dispute, even though […]
Supreme Court Puts the Brakes on Growing Expansion of UM/UIM Coverage in Colorado
The Colorado Supreme Court issued its opinion in State Farm v. Johnson on June 5, 2017, in an opinion that changed course from recent decisions on UM/UIM law in Colorado. State Farm v. Johnson, 2017 WL 2417764 (Colo. June 5, 2017). The Court held that one named insured’s written rejection of UM/UIM coverage is sufficient to bind another […]
New Legislation Introduced in the Colorado General Assembly
New Legislation introduced in the Colorado General Assembly seeks to overturn Calderon v. Am. Family Mut. Ins. Co., 2016 CO 72, 383 P.3d 676 (Colo. 2016), which held a policy provision prohibiting double recovery of the same medical expenses twice unenforceable. By Jacquelyn Booker, Partner, Sutton | Booker | P.C. On March 7, 2017, I […]
Avoiding Pitfalls: Substituted Service of an Insured via Their Auto Insurance Carrier
In 2011, the Colorado legislature amended C.R.S. § 42-7-414 (part of Colorado’s Motor Vehicle Financial Responsibility Law) to allow substituted service of a missing insured through service of the insured’s auto insurance company. The statute first requires that the insurance company include the following provision in each auto policy: “If the insured’s whereabouts for service […]
The Future of Federal Court Litigation: Magistrate Judge Kristen Mix Highlights “Hot Topics”
*Published in the FFA newsletter and reprinted with the FFA’s permission On September 30, 2016, United States Magistrate Judge Kristen L. Mix discussed current federal litigation trends in a continuing legal education presentation sponsored by the FFA. She discussed underlying social, demographic, and economic factors that impact the current litigation climate in the U.S. She […]