Colorado
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…
Spectrum Retirement Communities, LLC, et al. v. Continental Casualty Company
Year: 2026
Court: Supreme Court of Colorado
Case Number: 2025SC433
Issue:
  • COVID-19
State:
  • Colorado

In its amicus brief, United Policyholders urges the Colorado Supreme Court to reverse the Court of Appeals majority’s ruling in Spectrum, which imposed a judicially created “complete uninhabitability” requirement for coverage under standard all-risk commercial property insurance policies. UP argues this requirement has no basis…
Second Green Mountain Townhouse Corporation v. Mesa Underwriters Speciality Insurance Company
Year: 2026
Court: United States Court of Appeals for the Tenth Circuit
Case Number: 25-1448
Issue:
  • Consent Judgments
State:
  • Colorado

In its amicus brief, United Policyholders urges the Court to uphold the validity and enforceability of covenants not to execute in the insurance context. UP argues that these agreements serve important public policy goals by promoting settlement and conserving judicial resources, that Colorado law properly…
Spectrum Retirement Communities, LLC, et al. v. Continental Casualty Company
Year: 2025
Court: Colorado Supreme Court
Case Number: 2025SC433
Issue:
  • COVID-19
State:
  • Colorado

In its amicus curiae brief, United Policyholders supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP’s brief addresses the far-reaching and adverse effects that the lower court’s split decision is likely to have on Colorado policyholders, if not…
United Services Automobile Association and State Farm v. Anthony Wenzell
Year: 2025
Court: Colorado Supreme Court
Case Number: 2024SC000372
Issue:
  • Exhuastion
State:
  • Colorado

In its amicus brief, United Policyholders argues in favor of nullifying exhaustion provisions in excess underinsured-motorist insurance policies.
Spectrum Retirement Communities, LLC, et al. v. Continental Casualty Company
Year: 2024
Court: Colorado Court of Appeals
Case Number: 2024CA34
Issue:
  • COVID-19
State:
  • Colorado

In its amicus curiae brief, United Policyholders supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP argues that decades of case law demonstrate that the presence of physically hazardous substances can qualify as “physical loss or damage” to…
In re: Hill Hotel Owner v. Hanover Insurance Company
Year: 2024
Court: Colorado Supreme Court
Case Number: 2024SA113
Issue:
  • Attorney-Client and Work-Product Privilege
State:
  • Colorado

In its amicus brief, United Policyholders weighs in on the important issue of whether attorney-client and work-product privileges attach to an insurer’s claims handling materials when such documents were created by or sent to/from attorneys working on behalf of an insurance company. United Policyholder’s argues…
Monarch Casino & Resort, Inc. v. Affiliated FM Insurance Co.
Year: 2022
Court: United States Court of Appeals for the Tenth Circuit
Case Number: 22-1096
Issue:
  • COVID-19
State:
  • Colorado

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP’s brief specifically addresses the non-applicability of a “contamination” exclusion and the scope of the policy’s communicable disease coverage expansion. UP’s brief also counters…
Sagome Inc. D/B/A L’Hostaria v. The Cincinnati Insurance Co.
Year: 2022
Court: United States Court of Appeals for the Tenth Circuit
Case Number: 21-1359
Issue:
  • COVID-19
State:
  • Colorado

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP argues that decades of case law demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds against a…
Auto-Owners Insurance Company v. Bolt Factory Lofts Owners Association Inc.
Year: 2020
Court: Colorado Supreme Court
Case Number: 16CV33608
Issue:
  • Duty to Defend
State:
  • Colorado

In its brief, UP requests that the Colorado Supreme Court affirm the decision of the Court of Appeal. UP argued that in exercising its right and duty to defend its policyholder, an insurance company must conduct the defense in the best interest of the policyholder.…
Board of Directors Metro Wastewater vs. Nat’l Union Fire
Year: 2003
Court: Colorado Supreme Court
Case Number: 03 SC 846
Issue:
  • Late notice
State:
  • Colorado

Whether insurer can deny claim based on late notice without showing of prejudice.
Mountain States Mutual Casualty Co. v. Roinestad
Year: 2010
Court: Colorado Supreme Court
Case Number: 2010SC853
Issue:
  • Pollution Exclusion and Coverages
State:
  • Colorado

An insurer denied coverage under the pollution exclusion following the physical injuries sustained by exposure to naturally occurring sewer gas subsequent to a plumbing mishap. The insurance company alleged that the Absolute Pollution Exclusion (APE) applied; UP addressed the history and scope of the APE…
Dean Craft v. Philadelphia Indemnity Insurance Company
Year: 2014
Court: Colorado Supreme Court
Case Number: 2014SA43
Issue:
  • Notice-prejudice
State:
  • Colorado

The notice-prejudice rule supports insurance consumers by avoiding disproportionate forfeiture when an insured fails to report a claim within the time stated in the policy. UP argued in its brief that insurers may not avoid responsibility for a covered claim unless the insurer can show…
Stephen Rumnock v. American Family Mut. Ins. Co.
Year: 2016
Court: Colorado Supreme Court
Case Number: 2016SA38
Issue:
  • Claims handling procedures
  • Protective orders
State:
  • Colorado

Absent a legitimate justification, insurers may not seek protective orders for internal documents on claims handling procedures sought in discovery which may indicate a pattern and practice, or at minimum resemble similar claims by different litigants. Requiring each litigant (read: each individual policyholder) to seek…
MarkWest Energy Partners, LP v. Zurich American Ins. Co.
Year: 2016
Court: Colorado Court of Appeals
Case Number: 15CA0770/2016COA110
Issue:
  • Notice-prejudice
State:
  • Colorado

Colorado’s notice-prejudice protects policyholders from a forfeiture of coverage for late reporting of a claim by requiring the insurer to show actual prejudice as a result of the late reporting before it can disclaim coverage. Colorado law authorizes a departure from traditional contract law principles…
Snyder v. ACORD corporation et al
Year: 2016
Court: U.S. Court of Appeals, 10th Circuit
Case Number: 16-1111/16-1215
Issue:
  • Underinsurance
State:
  • Colorado

After wildfires and other major disasters that result in total losses, many homeowners find themselves underinsured. What this means is that despite having been sold a “replacement cost” insurance policy, they do not have enough money to rebuild their home. Plaintiffs in the instant case,…
Rooftop Restoration, Inc. v. American Family Mut. Ins. Co.
Year: 2017
Court: Colorado Supreme Court
Case Number: 2017SA3
Issue:
  • Statute of Limitations
State:
  • Colorado

Under Colorado law, a policyholder may bring action under the “prompt payment statute” when an insurance company unreasonably delays or denies payment on a valid insurance claim. On certified question from the Colorado Federal District Court, the Colorado Supreme Court was confronted with the issue…
Rosalin Rogers and Mark L. Thompson v. Catlin Ins. Co. LTD (UK)
Year: 2017
Court: Colorado Supreme Court
Case Number: 2016SC916
Issue:
  • Post Claims Underwriting
State:
  • Colorado

Many states have enacted statutes requiring and incentivizing insurance companies to promptly pay policy benefits owing to policyholders (and those who stand in their shoes). In Colorado, insurers who fail to promptly pay benefits owed or improperly deny coverage are liable not only for the…