Evan Stephenson
 

Evan Stephenson's practice focuses on insurance, commercial, and personal injury trials and appeals. In each of these areas, Evan has secured outstanding results.

Legal Memberships, Activities, and Honors

Martindale-Hubbell AV® Peer Review Rated
Colorado Rising Stars
    
Insurance Coverage, 2012-2017
The Best Lawyers in America
    
Insurance Litigation, 2018
Colorado Civil Justice League
    Lawyer of the Year, 2011
Law Week Colorado 
    
Up-and-Coming Lawyer, 2011
International Association of Defense Counsel
Defense Research Institute
Rex E. Lee Law Society
Honorable Order of Kentucky Colonels, member


Evan Stephenson's practice focuses on insurance, commercial, and personal injury trials and appeals. In each of these areas, Evan has secured outstanding results.

Representative Cases
  • Haber v. Travelers (Denver Cty. Dist. Ct., Colo. 2017) - Won a motion to dismiss an insurance appraiser's claim that Travelers committed libel per se. The Court ruled that WTO's client's statements were true as a matter of law.
  • Travelers v. Stresscon, 2016 CO 22M - Won Colorado Supreme Court reversal of a unanimous court of appeals ruling in a case of national importance to the insurance industry. In its ruling for Travelers, the Court held that the "notice-prejudice rule" does not apply to "no-voluntary-payment" provisions in insurance policies. This was WTO's fifth consecutive, fully-argued victory before the Colorado Supreme Court in two-and-a-half years. Law360 named Stresscon one of the top five insurance rulings of 2016.
  • Phoenix v. Heska, 2017 WL 3190380 (D. Colo. 2017) - Won the first ever summary judgment order within the Tenth Circuit enforcing the client's Telephone Consumer Protection Act exclusions. The court ruled that the client owed no duty to defend an underlying class action as a matter of law.
  • Warne v. Hall, 2016 CO 50 - Assisted in winning a ruling from the Colorado Supreme Court requiring Colorado state courts to apply the Twombly pleading standard. WTO co-authored an amicus brief for the Colorado Civil Justice League urging the Court to adopt "plausibility" pleading in Colorado to discourage forum shopping and improve the Colorado justice system.
  • Auto-Owners v. Summit Park, 2016 WL 1321507 (D. Colo.) - Won order vacating a $10.87 million property insurance award and disqualifying a national property appraiser, and subsequently won sanctions against the policyholder and its lawyers, and won 99.7% of attorneys' fees and costs.
  • Snyder v. ACORD, 2016 WL 192270 (D. Colo.) - Successfully represented seven codefendants in a property insurance class action lawsuit in Colorado. Plaintiffs claimed they were systematically underinsured in a "monumental" conspiracy, in violation of federal RICO and antitrust laws, and involving virtually all property insurers in Colorado as well as industry trade groups. WTO served as liaison committee counsel, and the joint defense group ultimately won its motion to dismiss.
  • Allstate Ins. Co. v. Med. Lien Mgmt., Inc., 2015 CO 32 - In this groundbreaking decision, the Colorado Supreme Court reversed a ruling in the Colorado Court of Appeals against Allstate. The supreme court held that medical-lien companies' contracts purporting to assign to them a portion of a claimant's future injury settlement are not true assignments and cannot be enforced against liability insurers.
  • Burnham v. Allstate Indem. Co., No. 14-cv-32652 (Arapahoe Cnty. Dist. Ct. Colo. 2015) - Obtained a ruling that a breach of contract by the insurer is a prerequisite to asserting a bad faith claim and dismissing all claims because Allstate complied with its property-loss-appraisal procedure.
  • GK's Gym, Inc. v. Northland Ins. Co., No. 14-cv-30621 (Larimer Cnty. Dist. Ct. Colo. 2014) - Won a motion to dismiss all claims, including for statutory penalties, for failure to state a claim. The Court ruled that WTO's insurance company client had correctly denied coverage for a sexual assault on the basis that it was not an "occurrence" under a general liability policy.
  • King v. Allstate Insurance Co., No. 11-cv-00103 (D. Colo. 2013) - Following a seven-day trial, the jury returned a complete defense verdict against a nationally renowned plaintiff's bad faith lawyer in a multimillion dollar excess judgment case. Before the King trial, WTO's opposing counsel had never lost a bad faith case. The jury returned with a defense verdict after deliberating for less than two hours.
  • Fann v. Hartford Underwriters Ins. Co., 2013 WL 3927664 (D. Colo. 2013) - In this insurance bad faith case, Evan orally argued several discovery motions seeking sanctions for the plaintiffs' discovery conduct. The Court ultimately agreed and imposed issue sanctions.
  • Franklin D. Azar & Associates, PC v. Ferguson (Denver Cnty. Dist. Ct. Colo. 2012) - Obtained ruling holding that the Azar firm's employment agreement impermissibly restricts the right of departing attorneys to practice law, and rejecting the Azar firm's claim that its "playbook" for litigating cases is a "trade secret."
  • Allstate Ins. Co. v. von Metzger, 774 F. Supp. 2d 1157 (D. Colo. 2011) - Obtained summary judgment in favor of WTO's client based on an insurance policy's pollution and business exclusions.
  • Cowan v. Stovall, 645 F.3d 815 (6th Cir. 2011) - Won a ruling from the U.S. Court of Appeals for the Sixth Circuit that overturned the trial court's verdict in a federal habeas corpus appeal by WTO's pro bono client.
  • Allstate Property & Casualty Insurance Co. v. Salazar-Castro, No. 08–2110–CM, 2011 WL 1668966 (D. Kan. 2011) - Obtained partial summary judgment for Allstate and dismissal of the opposing parties' affirmative defenses and their claims for underinsured motorist benefits. After a single day of trial, the defendants agreed to a stipulated judgment in Allstate's favor. Evan argued and won two key issues on the first day of trial that helped end the case in the client's favor.
Representative Clients
  • Allstate - Regional Trial and Appellate Counsel
Bar and Court Admissions
  • Colorado
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Northern District of Illinois
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
Legal Memberships, Activities, and Honors

Martindale-Hubbell AV® Peer Review Rated
Colorado Rising Stars
    
Insurance Coverage, 2012-2017
The Best Lawyers in America
    
Insurance Litigation, 2018
Colorado Civil Justice League
    Lawyer of the Year, 2011
Law Week Colorado 
    
Up-and-Coming Lawyer, 2011
International Association of Defense Counsel
Defense Research Institute
Rex E. Lee Law Society
Honorable Order of Kentucky Colonels, member

Government Service

Law Clerk to The Honorable John Marshall Rogers, United States Court of Appeals for the Sixth Circuit

Articles/Presentations

Education
  • University of Virginia School of Law, J.D., 2005
    John M. Olin Law & Economics Scholarship (2004-2005)
  • George Mason University, B.A., 2002, History, magna cum laude
Government Service

Law Clerk to The Honorable John Marshall Rogers, United States Court of Appeals for the Sixth Circuit

Bar and Court Admissions
  • Colorado
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Northern District of Illinois
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Tenth Circuit