state farm
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Colorado Supreme Court narrows consumer protection law for insurance claims
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The Colorado Supreme Court ruled on Monday that the legislature’s consumer protections requiring insurance companies to take certain steps before they allege a policyholder failed to cooperate do not apply to any obligation specifically laid out in the policy. In 2020, the legislature changed state law to limit insurance companies’ ability to assert a failure-to-cooperate defense when…
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10th Circuit rules State Farm not required to pay benefits in I‑25 swerving crash
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The Denver-based federal appeals court concluded last week that two vehicle occupants who were injured while swerving to avoid a man in the middle of Interstate 25 are not entitled to insurance benefits. Plaintiffs Stephanie Mazur and Julia Wunder were in a vehicle insured by State Farm at the time of their wreck. The insurance…
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Colorado justices agree to review insurance question that has divided federal judges
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The Colorado Supreme Court granted a federal judge’s request on Friday to address an issue that has produced conflicting answers in policyholders’ lawsuits against insurance companies over unpaid benefits. “Parties (and judges) regularly spend undue time and money fighting in the pretrial context about a legal question that should be resolved once and for all…
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Appeals court recognizes longer window to sue insurers for withholding policy details
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Colorado’s second-highest court split with its own prior decision earlier this month and concluded injured motorists have two years, not one, to sue insurance companies for withholding relevant information about an at-fault driver’s policy. In 2019, Colorado lawmakers enacted a measure to help motorists determine which insurance coverage is available in the event of an injury. To…
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Colorado justices ponder scope of law curbing insurers’ ability to allege failure to cooperate
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Members of the Colorado Supreme Court pondered a question last week that could have sweeping ramifications for those making insurance claims: When the legislature required insurance companies to take certain steps before accusing policyholders of failing to cooperate in an investigation, do those protections apply to every request an insurer might make? Leading up to…
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10th Circuit chides judge for not following rules when penalizing plaintiff for not following rules
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A federal judge did not follow the rules when he seemed to penalize a plaintiff for not following the rules, the federal appeals court based in Denver ruled on Tuesday. Robert Carraway had filed suit against State Farm Fire and Casualty Company, alleging the insurer did not properly investigate and compensate Carraway for hail damage…
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Claims adjusters’ fate lies in state Supreme Court following arguments over personal liability
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In a case that has drawn the attention and alarm of national industry groups, the Colorado Supreme Court considered this week whether state law allows people to sue insurance claims adjusters personally for delaying or denying payments. Lawyers for plaintiff Alexis Skillett attempted to reassure the court during oral arguments that lawsuits against claims adjusters would…