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Date: 08-29-2023
Case Style:
Case Number: 1:23-cv-00738
Judge: Charlotte N. Sweeney
Court: United States District Court for the District of Colorado (Denver County)
Plaintiff's Attorney: Reeves Whalen and Steven Greenlee
Defendant's Attorney: Jacquelyn Booker and Matt Cecil
Description: Denver, Colorado insurance law lawyers represented Plaintiff who sued Defendant on a bad faith breach of insurance contract theory.
"In Colorado, the Insurance Code provides for a cause of action for bad faith breach of an insurance contract. To establish a claim for bad faith, the policyholder must show that:
The insurance company had a duty to act in good faith.
The insurance company breached that duty.
The policyholder suffered damages as a result of the breach.
The duty of good faith under the Insurance Code is a high one. It requires the insurance company to act honestly, fairly, and reasonably in all of its dealings with the policyholder. This includes investigating claims promptly and thoroughly, and making decisions about coverage in a timely and efficient manner.
The insurance company can breach its duty of good faith in a number of ways. For example, the insurance company may:
Delay or deny a claim without a legitimate reason.
Fail to investigate a claim properly.
Make a decision about coverage that is arbitrary or capricious.
Fail to provide the policyholder with information about their rights under the policy.
If the insurance company breaches its duty of good faith, the policyholder may be entitled to damages. These damages can include:
The amount of the claim that was denied or delayed.
Punitive damages, which are designed to punish the insurance company for its bad behavior.
The policyholder's legal fees.
It is important to note that the Insurance Code does not require the policyholder to prove that the insurance company's actions were intentional. The policyholder only needs to show that the insurance company acted unreasonably.
If you believe that your insurance company has breached its duty of good faith, you should consult with an attorney. An attorney can help you assess your case and determine whether you have a claim under the Insurance Code.
Here are some additional things to keep in mind about bad faith claims in Colorado:
The Insurance Code has a three-year statute of limitations. This means that you must file your claim within three years of the date of the breach.
The Insurance Code allows for punitive damages. Punitive damages are designed to punish the insurance company for its bad behavior and to deter other insurance companies from engaging in similar behavior.
The Insurance Code is a complex law. If you have any questions about your rights under the Insurance Code, you should consult with an attorney."
Google Bard
Outcome: 08/29/2023 24 Stipulated MOTION to Dismiss with Prejudice by Defendant State Farm Mutual Automobile Insurance Company. (Booker, Jacquelyn) (Entered: 08/29/2023)
08/29/2023 25 ORDER granting 24 Stipulated Motion to Dismiss. Case is dismissed with prejudice each side shall pay their own fees and costs. By Judge Charlotte N. Sweeney on 8/29/23. Text Only Entry(jdyne) (Entered: 08/29/2023)
Plaintiff's Experts:
Defendant's Experts:
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