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Date: 03-21-2023
Case Style:
Allan Pallarito v. American Family Mutual Insurance Company
Case Number: 1:20-cv-03041
Judge: R. Brooke Jackson
Court: United States District Court for the District of Colorado (Denver County)
Plaintiff's Attorney:
Defendant's Attorney: Lily E. Nierenberg, Sandy Marie Eloranto, Joseph Edward Okon
Description: Denver, Colorado insurance law lawyer represented Plaintiffs who sued Defendant on a bad faith breach of insurance contract.
25:2 ELEMENTS OF LIABILITY — FIRST-PARTY COMMON-LAW CLAIMS
For the plaintiff, (name), to recover from the defendant, (name), on (his) (her) (its)
claim of bad faith breach of insurance contract, you must find all the following have been
proved by a preponderance of the evidence:
1. The plaintiff had (injuries) (damages) (losses);
2. The defendant acted unreasonably in (insert appropriate description, e.g., “denying
payment of the plaintiff’s claim”);
3. The defendant knew that its (conduct) (position) was unreasonable or the
defendant recklessly disregarded the fact that (his) (her) (its) (conduct) (position) was
unreasonable; and
4. The defendant’s unreasonable (conduct) (position) was a cause of the plaintiff’s
(injuries) (damages) (losses).
If you find that any one or more of these (number) statements has not been proved,
then your verdict must be for the defendant.
On the other hand, if you find that all of these (number) statements have been
proved, (then your verdict must be for the plaintiff) (then you must consider the
defendant’s affirmative defense(s) of [insert any affirmative defense that would be a complete
defense to plaintiff’s claim]).
If you find that (this affirmative defense has) (any one or more of these affirmative
defenses have) been proved by a preponderance of the evidence, then your verdict must be
for the defendant.
However, if you find that (this affirmative defense has not) (none of these
affirmative defenses have) been proved, then your verdict must be for the plaintif
Outcome: Settled and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: