Merlin Law Group

Subscribe to all posts by Merlin Law Group

Proving and Winning a First-Party Bad Faith Case, Part 6 – The Nuts and Bolts of Discovery

In part 5 my series on Proving and Winning a First Party Bad Faith Case, I posted the interrogatories I recently served on the insurer’s attorney on a case I am handling in federal court in the Western District of Missouri. The interrogatories will provide me with information regarding how the policyholder’s claim was handled … Continue Reading

Proving and Winning a First-Party Bad Faith Case in Colorado, Part 2

In a previous post regarding proving a first-party bad faith case in Colorado, I wrote about C.R.S. §§10-3-1113 and 10-3-1104. These statutes provide the first place to look when taking actions in representing policyholders, and provide guidance regarding the questions I ask in letters to claims representatives. They also provide a road map during the … Continue Reading

Colorado’s Court of Appeals Interpretes Damages for an Insurer’s Unreasonable Delay to Properly Compensate a Policyholder

On December 19, 2013, the Colorado Court of Appeals issued its opinion in the case Hansen v. American Family Insurance Company.1 In this case, American Family Mutual Insurance Company appealed the unreasonable delay or denial of a covered benefit judgment award of damages to one of its policyholders, Jennifer Hansen. In this case, Ms. Hansen … Continue Reading

Depositions versus Examinations Under Oath

A comment to my earlier post, The Importance of Examinations Under Oath, asked me to differentiate between a deposition and an examination under oath. A deposition is a discovery tool used during litigation to take the sworn testimony of a witness. In Colorado, depositions are governed by Colorado Rule of Civil Procedure 30 that states … Continue Reading

Colorado State Legislature and Governor Hickenlooper Stop Insurers from Shortening the Statute of Limitations on Unsuspecting Policyholders

On May 10, 2013, Governor Hickenlooper ended the ability of insurers to shorten the statute of limitations through provisions in contracts with their policyholders. The bill Governor Hickenlooper signed made changes to Colorado Revised Statute Section 10-4-110.8, now entitled Homeowner’s insurance–prohibited and required practices–estimates of replacement value–additional living expense coverage–copies of policies–personal property contents coverage–inventory … Continue Reading

Colorado’s Unreasonable Delay Statutes

As promised in my post, Statute of Limitations in Colorado, this week I will discuss Colorado’s unreasonable delay statutes. In Colorado, insured’s have a cause of action they can utilize when pursuing a claim for benefits due after a loss pursuant to their policy of insurance. Colorado Revised Statute Section 10-3-1115(1)(a) states: A person engaged in … Continue Reading