If you’ve been injured or are dealing with a health insurance claim, you may have heard the term ERISA. It sounds technical, but what’s important to know is that it can have a real and sometimes decisive impact on your case. This post explains what ERISA is, why it exists, and why it matters to […]
After a car crash, or other motor vehicle accident, many people assume that the at-fault driver’s insurance will fully cover their losses. Unfortunately, that is often not the case, but there is a way to find out. When the at-fault driver carries only minimal insurance, injured people frequently discover that their damages exceed the available […]
Case Overview This case involves a child born prematurely with a rare neurological condition that causes profound developmental and physical disabilities. His medical providers determined that he requires continuous private duty nursing at home to prevent life-threatening complications and repeated hospitalizations. Despite extensive documentation establishing the medical necessity of his care, the family’s health insurance […]
First-party bad faith and third-party bad faith are distinct legal concepts in insurance law, each arising from different relationships and duties between the insurer, the insured, and third parties. What is first-party bad faith? First-party bad faith occurs when an insurance company acts unreasonably in handling an insurance claim brought by its own insured. First-party […]
There are a number of reasons a homeowner may need to review a complete copy of their insurance policy, including to understand their coverage, rights, and obligations if they are considering filing a claim. Earlier this year, I was asked by the Colorado Trial Lawyers Association to present testimony to the Judiciary Committees of the […]
As we roll into another Colorado summer, it’s (unfortunately) time to start thinking about wildfire. How to protect your home and what to do if catastrophe strikes are top of mind. While we hope the next few months remain relatively uneventful, it’s important to remember that Colorado law provides specific and important protections for policyholders […]
By: Melissa A. Hailey Last week I was delighted to co-present the Top 10 Insurance Cases from 2024 to the Colorado Bar Association’s Insurance Committee. My co-presenter was Katelyn Werner of Quintairos, Prieto, Wood & Boyer, one of the top insurance defense firms in Colorado. This presentation was an excellent opportunity to not only collaborate […]
Insurance companies often attempt to settle bodily injury claims early and cheaply. Usually, they contact the injured claimant and offer money to help with medical expenses, when in reality, this money is only provided in exchange for a full release of all claims. This is a common problem injured people face in Colorado. Fortunately, the […]