April – 2016
Katie Vogt vs American Family Mutual Ins. Co., 2015CV031731 tried by Franklin D. Patterson and Lindsay M. Dunn in Denver District Court was a case that arose from a condominium fire in November of 2014. Plaintiff claimed her insurance company, American Family, failed to pay all the benefits to which she was entitled. She claimed American Family wrongfully concluded the HOA’s insurance company, Scottsdale, was primary for all Coverage A damages, including to the interior of her condo unit. Am Fam then forced her to pursue Scottsdale even though she was not an insured under that policy. Plaintiff made claims for breach of contract, unreasonable delay, and bad faith breach of contract. American Family denies it acted unreasonably or in bad faith. American Family agreed the fire damaged both her property and that of the Homeowners Association, but that the Declarations and Covenants of the HOA required the association’s policy to be primary and to cover all damages, both interior and exterior. American Family claimed that any delays were caused by the Homeowners Association, its property manager and its insurance company, Scottsdale Insurance, all of whom obstructed efforts to coordinate benefits and repairs because they were upset Ms. Vogt had negligently started the fire in violation of HOA regulations. Finally, American Family claims that Plaintiff has failed to take steps herself to resolve the issues of coordination or to get repairs done after checks were issued.
VERDICT: For Defendant on all claims
Kevin Ripplinger tried and won the case of Campanini v. State Farm in a 3 day UIM trial in Arapahoe County District Court. Plaintiff was involved in a minor rear-end accident while yielding to get on 225 at Parker. Plaintiff was employed as a pharmaceutical representative with Eli Lilly at the time of the accident. Plaintiff sued the tortfeasor, Liberty Mutual (UIM carrier for Eli Lilly) and State Farm (Plaintiff personal liability carrier). Tortfeasor and Liberty Mutual settled out before trial for limits of $50,000 each. Plaintiff had an additional $100,000 on UIM with State Farm. Plaintiff claimed a permanent low back injury. Plaintiff had preexisting back problem but claimed they resolved several months prior to the accident and that she was pain free. Causation and damages were in dispute. Jury determined Plaintiff had injuries and damages but that they were not caused by the accident. The jury returned a verdict for the defense. Plaintiff’s Motion for New Trial Denied.