State Farm Mutual Automobile Insurance Company v. Susan Cary, 2015CV30260 was tried by Franklin D. Patterson and Lindsay M. Dunn in Boulder District Court and arose from a Declaratory Relief Action filed by State Farm seeking judicial determination that Ms. Cary breached her contract and voided UM/UIM coverage. Cary filed a lawsuit against another driver following a MVA in December of 2010. The other driver and the owner of the vehicle never answered the lawsuit so Cary obtained a default against them and set a date for a court hearing to establish her damages. State Farm intervened in that lawsuit to defend its interests per Brekke. Concurrently with the intervention, State Farm was attempting to investigate her claimed injuries and damages. In February 2015, State Farm denied Cary any coverage or benefits, claiming she had refused to cooperate as required by the policy, as she did not participate in any EUOs, nor did she ever provide medical releases. In November 2015, following an undefended damages trial, a judge in the first case entered judgment in excess of $826,000 (over $1.2 Million with interest and costs) against the other driver. After the judgment entered, Cary demanded State Farm pay her the $500,000 UM/UIM policy limits from the two policies. State Farm refused to pay because of its prior denial. Against State Farm Ms. Cary claimed damages of over $1,000,000.
VERDICT: For State Farm on all claims. State Farm is seeking costs in excess of $85,000.
Heather Salg tried and won the case of Roland Jaramillo v. State Farm Mutual Automobile Insurance (14cv34554) in a 4-day trial in El Paso County District Court. This case involved a low-speed, rear-end motor vehicle accident. Plaintiff was transported to the hospital via ambulance and was claiming $60,000 in medical expenses at trial. He recovered policy limits of $25,000 from the tortfeasor and then sought underinsured motorist benefits from State Farm, as well as claimed wage losses. Due to lack of documentation substantiating the wage loss claim, State Farm offered $15,000 based on the received information. Plaintiff filed suit and then advised that there would not be additional information submitted to support the claim of lost wages. State Farm advanced the amount of its initial offer. However, at trial, Plaintiff claimed unreasonable delay. During litigation, defendant discovered that Plaintiff had numerous DUIs prior to the subject MVA. Defendant argued that these DUIs were relevant but was precluded to tell the jury the specific amount of DUIs, rather Defendant could use the word “numerous.” Defendant’s position at trial was that plaintiff had been adequately compensated and that he had failed to cooperate with State Farm by providing timely, complete and accurate wage loss information.
The final demand before trial was $85,000, with the final offer before trial being $5,000.
The jury returned a verdict for the defendant on all claims.
After 43 years of practice, Thomas J. Seaman, Of Counsel for Patterson & Salg has announced his retirement. Tom will be greatly missed and we wish him all the best in his retirement.