10th Circuit Affirms Public Adjuster’s Actions Imputed to Insured Unless Illegal
On August 17, 2018, the Tenth Circuit Court of Appeals confirmed that when an insured retains agents to assist with the claim, the actions of those agents, including a Public Adjuster or “PA”, are imputed to the insured and the jury will be instructed according to general agency principles. Macomber v. American Family, 2018 WL […]
Chief Judge Marcia Krieger Shuts Down Controversial Appraisal Conduct and Provides Guidance on the Appraisal Process in Colorado
Chief Judge Marcia Krieger issued an important decision on July 23, 2018 regarding the competence and partiality of appraisers and umpires in the property damage appraisal process. In Copper Oaks Master Home Owners Association v. American Family Insurance Company, Case 1:15-CV-01828-MSK-MJW, Judge Krieger granted American Family’s Motion to Vacate the Appraisal Award after a five […]
Autonomous Vehicles and the Future of Motor Vehicle Accident Litigation
Autonomous vehicle technology is advancing, leaving other industries such as insurance and real estate to predict how they will be affected. Within the context of motor vehicle accident litigation, a shift is expected in both the amount of litigation, as well as the legal theory by which damages will be sought. The degree of autonomy […]
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 […]