You were in a car accident, and injured in the crash. Now you have expensive medical bills, car repair bills and are unable to work for a few weeks. Who is responsible for paying damages under Colorado law?Unfortunately, this answer is not always easy to pin down. To...
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Policy language: It can make — or break — a case for an insurer
Notwithstanding a national insurer's firm view that the merits are on its side in a dispute with a policyholder, litigation involving the firm's alleged bad-faith behavior in underpaying a claim will continue to go forward.And, in fact, a recent federal court ruling...
Insurance case underscores flat importance of time limitations
As we have duly noted many times in prior select posts, insurance-related litigation can be exceedingly nuanced and complex, often focusing on technical language, differing interpretations of "what happened" in a matter, the actual causes underlying or triggering an...
What happens when insurers, insureds differ over policy language?
That above-posed blog headline cuts straight to the chase concerning subject matter that often takes center stage in contractual disputes between policyholders and insurance companies in Colorado and elsewhere across the country.Like California, where litigation is...
Insurer prevails in claim alleging contract breach, bad faith
What if you're enticed by Frito-Lay's "Betcha Can't Eat Just One" challenge regarding its potato chips, and you actually command sufficient restraint to turn down that second chip?And what if you're prompted by the "I'm Lovin' It" hype at McDonald's to sample a burger...
Insurer prevails in dispute: no coverage duty in infringement case
A national online real estate listing firm was recently schooled in rather expensive fashion as to the merits of being duly proactive in taking care of business in an insurance claim.Because it was anything but timely, in the view of a federal court, which recently...
Pot cases and insurance coverage: yes, it can be a bit complex
A policyholder's demand of an insurance company to pay up for the loss of a personal stockpile of marijuana -- through fire, theft, water damage or some other cause -- would have been simply unthinkable a generation ago.Not these days. And certainly not in Colorado,...
Insurers on hook in large-money case involving Verizon
Draft it better.At the end of the day (that is, the day recently on which a court issued a ruling in which it conceded there were "significant financial consequences), a judicial determination concluded that multiple insurance companies simply didn't go a good enough...
Insurance coverage focus: so-called “earth-movement exclusions”
Although California-based incidents certainly serve as the most prominently spotlighted examples of contested insurance coverage in incidents involving shifting ground (think mudslides, earthquakes and so forth), so-called "earth movement" cases also arise in...
Court case considers extent of an insurer’s liability
It's a fair question: If an insurance company is found to have breached its contractual duty to defend a case against an insured party, but hasn't acted in bad faith in doing so (in other words, it made a conscientious decision to deny coverage in good faith), is its...