Partner Katherine Kust and Of Counsel Marilyn Chappell and Jack Mann obtained dismissal of contract and bad faith claims against an excess underinsured motorist ("UIM") insurer from the District Court, El Paso County, Colorado, based on motions for summary judgment.
The plaintiff pursued contract and bad faith claims against a primary UIM insurer and also against the firm’s client, a provider of excess UIM coverage, following a motor vehicle accident. The court determined the plaintiff’s failure to provide medical records and authorizations to document his UIM claim meant he could not recover on his contract claims. The court further determined that the firm’s client could not have acted unreasonably by declining to issue payments under the excess UIM policy coverage when the primary coverage had not been exhausted.