Jackie Booker and Rachel Jennings Obtain Summary Judgment Enforcing Regular Use Vehicle Exclusion
Jackie Booker and Rachel Jennings obtained summary judgment on an underinsured motorist case enforcing a regular use vehicle exclusion in a classic car policy. Plaintiff argued that the regular use vehicle exclusion is void as against public policy based upon Deherrera v. Sentry Insurance Company. Defendant argued that under Cruz v. Farmers Insurance Company, a […]
Rachel Jennings and Sandy Eloranto Obtain Dismissal of Roofing Bad Faith Action
Associate Rachel Jennings and Shareholder Sandy Eloranto obtained a dismissal pursuant to Fed. R. Civ. P. 41(b) in an action alleging bad faith breach of an insurance contract and statutory delay and denial pursuant to C.R.S. § 10-3-1115 and 1116. The motion sought dismissal primarily based on the plaintiff roofing contractor’s Plaintiff’s failure to obtain […]
Court of Appeals Affirms Directed Verdict in Premises Liability Case
In February 2019, an Adams County District Court Judge granted a directed verdict in favor of a retailer in a premises liability matter. After two days of evidence, the retailer moved for directed verdict arguing there was no evidence presented of actual or constructive knowledge of a dangerous condition. In addition to pointing out that […]
Jackie Booker and Lily Nierenberg Obtain Defense Verdict
Jackie Booker and Lily Nierenberg obtained a defense verdict in a breach of contract case based upon the defense of impossibility. Plaintiffs leased the premises from defendants, the owner and property managers, and then discovered methamphetamine contamination. Prior to leasing the property to plaintiffs, defendant owner called the police when he discovered his property was […]
Sandy Eloranto and Katie Johnson Obtain Defense Verdict in Bad Faith Property Damage Lawsuit
Sandy Eloranto and Katie Johnson achieved a defense verdict in a bad faith property damage case stemming from the large scale May 2017 hail storm in metro Denver. Prior to trial, Sutton Booker prevailed on a summary judgment motion, with the court holding as a matter of law that the homeowners’ policy did not cover […]
Jackie Booker Prevails on Evidentiary Rulings in High Exposure Bad Faith Case Resulting in Favorable Settlement
Jackie Booker obtained an order limiting plaintiff’s bad faith expert under Federal Rule of Evidence 702 and an order excluding reserves from trial evidence in United States District Court in a high exposure bad faith case. The case settled following the evidentiary rulings.
