April

Katie Vogt vs American Family Mutual Ins. Co., 2015CV031731 tried by Franklin D. Patterson and Lindsay M. Dunn in Denver District Court was a case that arose from a condominium fire in November of 2014. Plaintiff claimed her insurance company, American Family, failed to pay all the benefits to which she was entitled.  She claimed American Family wrongfully concluded the HOA’s insurance company, Scottsdale, was primary for all Coverage A damages, including to the interior of her condo unit.  Am Fam then forced her to pursue Scottsdale even though she was not an insured under that policy.  Plaintiff made claims for breach of contract, unreasonable delay, and bad faith breach of contract. American Family denies it acted unreasonably or in bad faith.  American Family agreed the fire damaged both her property and that of the Homeowners Association, but that the Declarations and Covenants of the HOA required the association’s policy to be primary and to cover all damages, both interior and exterior.  American Family claimed that any delays were caused by the Homeowners Association, its property manager and its insurance company, Scottsdale Insurance, all of whom obstructed efforts to coordinate benefits and repairs because they were upset Ms. Vogt had negligently started the fire in violation of HOA regulations.  Finally, American Family claims that Plaintiff has failed to take steps herself to resolve the issues of coordination or to get repairs done after checks were issued.

VERDICT: For Defendant on all claims

Kevin Ripplinger tried and won the case of Campanini v. State Farm in a 3 day UIM trial in Arapahoe County District Court.  Plaintiff was involved in a minor rear-end accident while yielding to get on 225 at Parker.  Plaintiff was employed as a pharmaceutical representative with Eli Lilly at the time of the accident.  Plaintiff sued the tortfeasor, Liberty Mutual (UIM carrier for Eli Lilly) and State Farm (Plaintiff personal liability carrier).  Tortfeasor and Liberty Mutual settled out before trial for limits of $50,000 each.  Plaintiff had an additional $100,000 on UIM with State Farm.  Plaintiff claimed a permanent low back injury.  Plaintiff had preexisting back problem but claimed they resolved several months prior to the accident and that she was pain free.  Causation and damages were in dispute.  Jury determined Plaintiff had injuries and damages but that they were not caused by the accident.  The jury returned a verdict for the defense.  Plaintiff’s Motion for New Trial Denied.

March

Angela A. Stevens v. State Farm Fire and Casualty Company, dba State Farm Insurance, and aka Frontier Division of the State Farm Fire & Casualty Company of Bloomington, Illinois, 2014CV030309 was tried in Larimer County District Court by Franklin D. Patterson and Lindsay M. Dunn. This case arose from a MVA when the at-fault driver failed to yield while turning, resulting in a T-Bone collision, which resulted in Plaintiff settling liability claims at $50,000 limits. She demanded UIM limits, and State Farm concluded she had been adequately compensated by the BI limits.

Plaintiff brought 3 claims for relief: willful and wanton breach of contract, unreasonable delay/denial, and bad faith. State Farm denied it acted improperly, and asserted an affirmative defense of failure to cooperate.  The failures to cooperate included failure to timely respond to State Farm’s requests for information, concealment of relevant and important records, and failure to produce authorizations to allow State Farm to obtain records.  State Farm further contended Plaintiff’s treatment had been excessive and unreasonable, and that the great bulk of her medical complaints are due to pre-existing conditions or caused by other injury-producing incidents both before and after this incident.  State Farm also contested the reasonableness and cost of the medical care Plaintiff received. In closing, Plaintiff’s attorney asked for $700,000 in non-economic and exacerbated disability damages.

VERDICT: For Defendant on all claims.

Defendant’s costs exceed $40,000The jury verdict indicated Plaintiff’s total damages were $53,000 above the amount of the BI coverage.  However, Plaintiff decided to pursue a willful and wanton breach of contract claim instead of a simple breach of contract claim.  The jury was only instructed on the elements of willful and wanton breach and the verdict was returned in favor of Defendant.