Pursuing Legitimate Claims by Honest People Injured by Defective Products and Irresponsible Insurers

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Book Notes

The Eastern San Juan Mountains: Their Geology, Ecology and Human History (2011)

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Colorado Case Law on Bad Faith Breach of Insurance Contract

Significant Appellate Milestones in the History of Bad Faith Law

2010

NUNN v MID-CENTURY INSURANCE COMPANY, 244 P.3d 116 (Colorado Supreme Court)
(entry of judgment in excess of policy limits against insured is sufficient to establish damages for a bad faith breach of an insurance contract claim against insurer).

2008

OLD REPUBLIC INSURANCE COMPANY v ROSS, 180 P.3d 427 (Colorado Supreme Court)
(pretrial stipulated judgments are not per se unenforceable; there may be circumstances where a stipulated judgment is a defendant-insured's only viable recourse against an insurer that has acted in bad faith).

2004

GOODSON v AMERICAN STANDARD INSURANCE COMPANY, 89 P.3d 409 (Colorado Supreme Court)
(in a tort claim against an insurer for breach of the duty of good faith and fair dealing, the plaintiff may recover damages for emotional distress without proving substantial property or economic loss).

2003

CARY v UNITED OF OMAHA LIFE INSURANCE COMPANY, 68 P.3d 462 (Colorado Supreme Court)
(reinstating claimant's tort cause of action against the administrators for breach of their duty to act in good faith when investigating and servicing the insurance claims).

1991

FARMERS GROUP, INC. v WILLIAMS, 805 P.2d 419 (Colorado Supreme Court)
(state statute does not abrogate common-law remedy available to the public in favor of an insurance company's private interest).

1985

TRAVELERS INSURANCE COMPANY v SAVIO, 706 P.2d 1258 (Colorado Supreme Court)
(recognizing action for bad faith processing of workers compensation claim; in a first-party context, bad faith tort requires proof of unreasonable conduct and knowledge that the conduct is unreasonable or a reckless disregard of the fact that the conduct is unreasonable).

1984

FARMERS GROUP, INC. v TRIMBLE, 691 P.2d 1138 (Colorado Supreme Court)
(recognizing that the tort of "bad faith" in third-party context is characterized by a standard of reasonableness akin to that of negligence).

1972

NORTHLAND INSURANCE COMPANY v BASHOR, 494 P.2d 1292 (Colorado Supreme Court)
(contract between third party and the policy-holder did not change the relationship of the parties to the insurer; policy-holder was still the only person who could and did pursue the claim against the insurer).

1965

STEEN v AETNA CASUALTY AND SURETY CO., 401 P.2d 254 (Colorado Supreme Court )
(a third-party judgment creditor of an insured cannot sue the insurer; to make insurer liable on a claim by third-party judgment creditor, there must be either bad faith or negligence, or both, on the part of the insurer, or if there is no tort there must be some privity of contract between the judgment creditor and the insurer for garnishment to lie).