Category archive: Colorado

No Ambiguity, No Problem, No Statutory Bad Faith

Summary: American Family insured William and Joyce Davis, Jennifer Hansen’s parents, and named the Davises on the declarations sheet. Hansen was injured in an auto accident, settled her claim, and presented an underinsured motorist (UIM) claim to American Family. American Family denied coverage and Hansen filed claims for breach of contract, common law bad faith,…

Colorado Medical Marijuana Facility Gets Burgled, Smoked & Mixed Bad Faith Results

Summary: Green Earth, the operator of a Colorado Springs retail medical marijuana business and growing facility submitted a claim to its insurer for a wildfire-caused smoke and ash damage and a separate break in and theft. Atain denied the claims on multiple grounds which caused Green Earth to sue Atain for breach of contract and…

Colorado Supreme Court Vacates Bad Faith Verdict

Summary: A serious injury construction accident resulted in the general contractor seeking indemnity from its subcontractor, Stresscon. When Travelers did not settle the general contractor’s claim, Stresscon settled and then sued Travelers for bad faith. The Colorado trial court entered judgment on the bad faith jury verdict against Travelers, the Court of Appeals affirmed, but…

Reasonable Claims Handling Defeats Colorado Insured’s UIM Bad Faith Claim

Summary: Williams was injured in a car accident, settled with the at-fault driver’s insurance company for the policy limits of $25,000, and then  made a claim against her own insurance policy under the underinsured motorist (UIM) provision. Her Owners Insurance Company (“Owners”) policy  provided $100,000 of UIM coverage. Claiming medical expenses in excess of $50,000…

Overall Good Faith Handling Precluded All Common Law and Most Statutory Bad Faith Contentions

Summary: American Standard’s overall good faith handling of passenger Wahlert’s UIM claim entitled it to summary judgment on the common law bad faith claim and most statutory bad faith contentions. However, its delay in offering to settle for its case valuation amount presented triable issues for a jury. Wahlert v. American Standard Insurance Company of…

Almost Getting It Right Does Not Foreclose a Bad Faith Suit in Colorado

Summary: American Family insured the Dunns who had sewer and water backup flooding in their basement.  That flooding led to a mold build up and them vacating the house.  The vacant and unheated house during a Colorado winter resulted in water pipes freezing and breaking.  Despite a payment of the full policy limits, the Dunns…

Insurer Has Right to Make Mistake: Court Finds No Bad Faith but “Fairly Debatable” Is Not End of Analysis

Summary: Insured motorist injured in an accident filed suit against his underinsured motorist (UIM) insurer for bad faith refusal to pay remaining UIM policy limits until after claim was resolved in arbitration. The Appellate Court held that insurer’s delay paying remaining policy limits did not constitute bad faith and insurer’s claims handling practices did not…

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