In the case of Nibert v. Geico Casualty Company, 2017 CO A23, February 23, 2017, Denise Nibert and her husband were injured in a car accident in 2012. Nibert received the policy maximum from the motorist at-fault, but she also carried underinsured motorist insurance through…
Prejudgment interest can be recovered in a personal injury claim in Colorado under Section 13-21-101(1): “In all actions brought to recover damages for personal injuries… it is lawful for the plaintiff in the complaint to claim interest on the damages alleged from the date said…
In the updated rules in the FRCP regarding electronic discovery, the amount of data available can be overwhelming. In Scott v. United States Postal Service, et al., (Civil Action No. 15-712-BAJ-EWD.) United States District Court, M.D. Louisiana, December 27, 2016, the court narrowed the scope…
If you plan to go to Vail and enjoy some skiing—you had better read the waivers you are signing. In Brigance v. Vail Summit Resorts, Inc., (Civil Action No. 15-cv-1394-WJM-NYW.) United States District Court D., Colorado, January 13, 2017, the court granted Motions for Summary…
The district court determined Mintz was not entitled to fees because Mintz had been discharged for cause, and under the express language of the agreement between Mintz and the plaintiff, Martinez, Mintz had therefore forfeited any fee.
Can parties write an agreement that negates the law? This question was considered in a Ponzi scheme case C. Randel Lewis v. Steve Taylor, No. 13CA0239, Court of Appeals of Colorado, Division IV (Feb. 9, 2017). In 2006, Steve Taylor invested 3 million dollars with…
In 2013, John Magill’s 2007 Ford Fusion crashed into a vehicle driven by defendant Mark Polunci, which was the subject of the case in John Magill and Suzanna Magill v. Ford Motor Company, No. 15SA332 (Co. Sup. Ct. Sept. 12, 2016). Magill suffered severe injuries…
Three days between the receipt of a settlement check and the endorsement of that check determined whether a personal injury victim could sue the insurance company in the case of Donna Kovac, v. Farmers Insurance Exchange, No. 16CA0167, Court of Appeals of Colorado, Division One…
In Arnold Calderon, Petitioner v. American Family Mutual Insurance Company, Respondent, Supreme Court Case No. 14SC494, Supreme Court of Colorado, En Banc (Nov. 7, 2016), Arnold Calderon was injured in a car accident by an uninsured motorist. Fortunately, Calderon had been paying premiums to America
Emma Andrade, Plaintiff-Appellant vs. Margaret Johnson, Defendant-Appellee, Court of Appeals No. 15CA1664, Court of Appeals of Colorado, Division V. (Oct. 6, 2016) is a district court case in Colorado Springs for damages she suffered when Andrade slipped and fell on a sidewalk adjacent to Johnson’s…
Under Colorado law, can a UIM policy require the policyholder to exhaust the entirety of the at-fault driver’s liability policy before making a claim? The Colorado Court of Appeals recently addressed this question.
AMENDMENT TO ARTICLE PUBLISHED January 26, 2016: On January 26, 2016, T. Thomas Metier posted the article below regarding the time limitation to file a Colorado Underinsured Motorist Claim. This is a clarification to the 2-year statute of limitations for underinsured motorist claims specifically un
