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T. Thomas Metier

Does An Underinsured Motorist Policy Also Cover Tractors?

State Farm moved to determine as a matter of law that the tractor is not a motor vehicle under the policy’s UIM coverage.

T. Thomas Metier

Does an Employer’s Admission of Vicarious Liability Bar Direct Negligence Claims?

The Supreme Court of Colorado determined, in a case of first impression, that yes, an employer’s admission of liability under respondeat superior bars the plaintiff from claiming other theories of negligence.

T. Thomas Metier

How are Reasonable Attorney Fees Calculated in a Bad Faith Insurance Claim?

In the case of Nibert v. Geico Casualty Company, 2017 CO A23, February 23, 2017, Denise Nibert and her husband were injured in a car accident in 2012. Nibert received the policy maximum from the motorist at-fault, but she also […]

T. Thomas Metier

Can You Get Prejudgment Interest Without Filing a Lawsuit?

Prejudgment interest can be recovered in a personal injury claim in Colorado under Section 13-21-101(1): “In all actions brought to recover damages for personal injuries… it is lawful for the plaintiff in the complaint to claim interest on the damages […]

T. Thomas Metier

How Much Social Media Data Will the Court Compel?

In the updated rules in the FRCP regarding electronic discovery, the amount of data available can be overwhelming. In Scott v. United States Postal Service, et al., (Civil Action No. 15-712-BAJ-EWD.) United States District Court, M.D. Louisiana, December 27, 2016, […]

T. Thomas Metier

Colorado Supreme Court Decides Personal Jurisdiction Over Ford Motor Co.

In 2013, John Magill’s 2007 Ford Fusion crashed into a vehicle driven by defendant Mark Polunci, which was the subject of the case in John Magill and Suzanna Magill v. Ford Motor Company, No. 15SA332 (Co. Sup. Ct. Sept. 12, […]

T. Thomas Metier

When Does the Statute of Limitations Start to Run for a UIM Claim—The Date an Attorney Receives the Underlying Claim Check or When it is Endorsed?

Three days between the receipt of a settlement check and the endorsement of that check determined whether a personal injury victim could sue the insurance company in the case of Donna Kovac, v. Farmers Insurance Exchange, No. 16CA0167, Court of […]

T. Thomas Metier

Colorado Supreme Court Takes on Offsets vs. Double-Dipping

In Arnold Calderon, Petitioner v. American Family Mutual Insurance Company, Respondent, Supreme Court Case No. 14SC494, Supreme Court of Colorado, En Banc (Nov. 7, 2016), Arnold Calderon was injured in a car accident by an uninsured motorist. Fortunately, Calderon had […]

Patrick J. DiBenedetto

Tom Metier’s $52,000,000 Personal Injury Verdict Becomes Largest in Colorado History

Tom Metier just secured the largest personal injury verdict in Colorado’s history after completing a two-week trial in Denver District Court. With the help of co-counsel Jim Gilbert, Tom’s partner Phil Chupik, and attorneys Tony Bolson and Anne Dieruf, Tom […]

T. Thomas Metier

Must You Exhaust the At-Fault Driver’s Policy Before a UIM Claim?

Under Colorado law, can a UIM policy require the policyholder to exhaust the entirety of the at-fault driver’s liability policy before making a claim? The Colorado Court of Appeals recently addressed this question.