September

Karl Chambers gave oral arguments in the case Bailey v. State Farm Mutual Automobile Insurance Company. The Colorado Court of Appeals affirmed the judgment of the trial court in favor of our client, State Farm.  The plaintiff sued the party that caused the accident along with State Farm seeking underinsured motorist benefits from State Farm claiming that his damages exceeded the liability policy  limits of the at-fault party.  Shortly before trial the liability insurer for the at-fault party agreed to pay the judgment regardless of the amount.  The jury returned a verdict for an amount greater than the at-fault party’s policy limits and his insurer paid the full amount of the judgment.  Notwithstanding the fact that the full amount of the judgment was paid by the liability insurer the plaintiff argued that he was still entitled to $100,000 in UIM coverage.  We argued that there was no UIM coverage because the entire judgment had been paid by the liability insurer.  The trial court agreed with us and entered a judgment only against the at-fault party.  Plaintiff filed an appeal of the trial court’s judgment and the Court of Appeals also agreed with us that no UIM benefits were owed because the entire judgment was paid by the liability insurer.


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