Insurance Bad Faith Claim Before Colorado Supreme Court

Bad Faith Insurance Claim

The Colorado Supreme Court heard argument on Thursday, June 4, 2015 in American Family Mutual Insurance Company v. Hansen, Case No. 14SC99, an insurance bad faith case. At the court of appeals level, the court held that an insurance company’s characterization of a claim for coverage as “fairly debatable” is not enough to establish that the insurance company acted reasonably when it delayed or denied payment of insurance benefits.

At trial, the jury found that the insurance company unreasonably delayed and denied coverage to its insured pursuant to C.R.S. 10-3-1115 and 10-3-1116, and the court thereafter awarded statutory penalties, including attorney fees, costs, and “two times the covered benefit,” or $150,000 ($75,000 x 2). The court of appeals clarified that the appropriate statutory penalty is double the amount of benefits owed and for which payment was delayed–not double the amount of damages awarded by the jury. American Family appealed the ruling, which upheld the trial court’s award of $150,000 plus attorney fees and costs.

Oral arguments at the Colorado Supreme Court are available in audio format, and via streaming video.

Published by
Thomas Neville

Recent Posts

Celebrating Safely on New Year’s Eve

New Year's Eve is a time to reflect, celebrate, and look forward to the year…

1 week ago

Avoiding Holiday Travel Injuries: What You Need to Know

With the Thanksgiving holiday already seeing record numbers of travelers, 2024 is setting up to…

2 weeks ago

Safety Tips During Holiday Shopping

The holiday season brings joy, excitement—and sometimes chaos—to shopping centers as we hunt for the…

3 weeks ago

Keeping Children Safe in the Winter: Essential Tips for Outdoor Play

Wintertime can be a magical season for young children, with snow-covered playgrounds and crisp, fresh…

1 month ago

Preparation Tips for Winter Driving Safety

Winter brings a unique set of challenges for drivers, with snow and ice contributing to…

1 month ago

5 Must-Dos to Ensure Motorcycle Safety in Winter

Winter brings a unique set of challenges for motorcycle enthusiasts. While the thrill of riding…

1 month ago