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Amicus Library

Insurance Bad Faith
James Berns v. State Farm Mutual Automobile Insurance Company
Year: 2026
Court: Colorado Supreme Court
Case Number: 26SA86
Issue:
  • Discoverability of Post-Litigation Claim Files
  • Insurance Bad Faith
  • Post-Litigation Duties of Good Faith
State:
  • Colorado

In its amicus brief, United Policyholders and the Colorado Trial Lawyers Association urge the Colorado Supreme Court to reject the judicially created “suspension rule” announced in Bucholtz, under which an insurer’s duty to negotiate, settle, or pay claims is purportedly suspended once litigation begins. The…

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