Evan Stephenson
 

An elected member of the American Law Institute, Evan Stephenson focuses his practice on insurance, commercial, and class action litigation, with a particular focus on trials and appeals. In each of these areas, he has secured outstanding results for his clients. Based on input from clients, colleagues, and industry peers, Evan is listed in Colorado Super Lawyers and The Best Lawyers in America

Legal Memberships, Activities, and Honors

American Law Institute, Elected Member
    Restatement of the Law Third, Torts
Martindale-Hubbell AV® Peer Review Rated
The Best Lawyers in America
    
Insurance Litigation, 2018-2019
Colorado Super Lawyers
    Insurance Coverage, 2019
Colorado Rising Stars
    
Insurance Coverage, 2012-2018
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


An elected member of the American Law Institute, Evan Stephenson focuses his practice on insurance, commercial, and class action litigation, with a particular focus on trials and appeals. In each of these areas, he has secured outstanding results for his clients. Based on input from clients, colleagues, and industry peers, Evan is listed in Colorado Super Lawyers and The Best Lawyers in America

Representative Cases Trials Trials Appeals Appeals Class Actions Class Actions
  • Snyder v. ACORD, 2019 WL 319407 & 2016 WL 192270 (D. Colo.) - 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 counsel and argued the successful motion for the fee award of more than $1.5 million.
  • Won a motion to dismiss with prejudice a putative class action brought against a Fortune 50 insurance company. The court ruled that the client's standard form accurately described the nature of underinsured-motorist insurance coverage and could not support any claim against the client as a matter of law.
  • Tietsworth v. Sears, Roebuck and Co. and Whirlpool Corp. (N.D. Cal. May 4, 2012) - Won denial of certification of a putative nationwide class action complaint alleging that certain Whirlpool washing machines contained defective electronic control boards that caused the machines to malfunction and could potentially cause them to "explode."
  • Won a motion to dismiss one of the nation's largest marijuana manufacturers facing labeling claims in the first class action brought against a marijuana grower in Colorado.
Commercial Litigation Commercial Litigation
  • Lobato v. Travelers, No. 18-cv-00504-REB-MEH (D. Colo. 2019) - Secured a "walk away" dismissal of a multimillion-dollar underinsured-motorist lawsuit for bad faith and punitive damages. One month before trial, the plaintiffs agreed to drop the lawsuit, and the client paid nothing.
  • Franklin D. Azar & Associates, PC v. Ferguson (Denver Cnty. Dist. Ct. Colo. 2012) - Won a 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."
  • Obtained a favorable confidential settlement for a Fortune 500 product manufacturer in an arbitration. The client sought a multimillion-dollar recovery from a supplier that had breached its indemnity obligations.
  • Represented the former CEO and president of a major internet retailer, and recovered from the defaulting party money owed plus attorney fees on a substantial promissory note.
  • Obtained a favorable settlement for a provider of contract and claims administration services for vehicle service contracts in a lawsuit alleging tortious interference with contractual relations.
  • Represented a group of investors in an international RICO and fraud action brought in federal court to reclaim governance of an energy company.
  • Representing a national insurance carrier in pursuing over $75 million in losses arising from a wildfire from an at-fault party.
  • Defending a Fortune 500 product manufacturer from over $250 million in indemnity claims alleging that its products caused environmental contamination.
  • Defended an energy company from an action brought by a contractor seeking multimillion-dollar recovery arising from a major pipeline construction project.
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

American Law Institute, Elected Member
    Restatement of the Law Third, Torts
Martindale-Hubbell AV® Peer Review Rated
The Best Lawyers in America
    
Insurance Litigation, 2018-2019
Colorado Super Lawyers
    Insurance Coverage, 2019
Colorado Rising Stars
    
Insurance Coverage, 2012-2018
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
Press

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