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Roberts Levin Rosenberg Attorneys Blog

Insurance Expert Attorneys

Monday, March 15, 2010

Erie Prediction:

The Tenth Circuit recently held that the Colorado Supreme Court would not allow application of the “four corners” rule in a manner inconsistent with its purpose and reversed judgment in favor of an insurer that refused to defend multiple lawsuits by analyzing each complaint separately and ignoring facts extrinsic to the complaint: Apartment Inv. & Mgmt. Co. (AIMCO) v. Nutmeg Ins. Co., 593 F.3d 1188 (10th Cir. 2010).

Thomas L. Roberts and Bradley A. Levin were on the winning appellate team.

Labels: complaint rule, exception to complaint rule, four corners

posted by Jessica at 12:44 PM

Tuesday, February 9, 2010

Colorado Jury Returns $37.3 Million Verdict Against Assurant Health in Rescission Case

Time Insurance Company, which does business under the name Assurant Health, was recently blasted with what is one of the largest verdicts in Colorado history involving insurance bad faith. Jurors handed down a $37 million verdict against the company after a more than week-long trial in Boulder County District Court that began January 19, 2010. The plaintiff in the case accused the insurer of wrongfully rescinding her individual policy after she submitted claims for medical treatment she received following a serious car accident. Assurant, on the other hand, claimed that the plaintiff had misrepresented her health history in the application process and that if the true facts had been known, the company would not have issued the medical coverage to the plaintiff in the first place. This case, while unusual in the size of the verdict, is representative of the situations that many people face after trying to complete an application for life, health, or disability insurance that is confusing or impossibly broad.

Labels: disability insurance, recinding health insurance policy, Rescission

posted by Drew at 3:18 PM

Thursday, January 28, 2010

Bernall v. State Farm Mutual Insurance Company, Case No. 09CV410

Bernall v. State Farm Mutual Insurance Company, Case No. 09CV410

Mike Rosenberg & Jeremy Sitcoff of the law firm Roberts Levin Rosenberg PC represented the Plaintiff in this action for bad faith breach of an automobile insurance contract stemming from a catastrophic car accident.

Upon completion of a 3-day jury trial in front of the Honorable Margie Enquist in Jefferson County, Colorado, the jury returned a verdict in favor of the Plaintiff for $502,475.44 finding that State Farm had breached its duty of good faith and fair dealing by acting unreasonably in failing to settle with the injured party for the policy limits.

The insured party had previously sent a 7-day policy limits demand which State Farm has allowed to expire. State Farm later offered its $100k policy limits in settlement but the injured party refused to take them, opting instead to pursue recovery of an excess judgment against State Farm’s insured.

For more information, please contact us.

Labels: bad faith, First Party Bad Faith, Insurance Coverage

posted by Alexa Salg at 4:20 PM

Tuesday, December 22, 2009

Welcome to Our Legal Blog

Thank you for visiting our blog. Please come back soon for valuable information about insurance law.

posted by stephg at 4:24 PM

Disclaimer: The information contained throughout this site is meant to provide a basic understanding of insurance bad faith law including insurance coverage, bad faith first party, bad faith third party, personal counsel, appellate, expert witness, serious bodily injury, disability: ERISA, and disability: professionals. This information is not meant to be taken as legal advice and does not establish an attorney-client privilege.