Experience

WTO wins affirmation before the Colorado Court of Appeals for auto insurer rules

Murry v. GuideOne Insurance, 194 P.3d 489 (Colo. App. 2008)

Colorado Court of Appeals Rules for Auto Insurer

In an important statute of limitations case for defendants, the Colorado Court of Appeals affirmed the summary judgment Wheeler Trigg O'Donnell obtained in 2007 for GuideOne Specialty Mutual Insurance Company.

Following a tragic auto accident in which she was severely injured, Dina Murry asserted that GuideOne failed to properly offer auto insurance coverage to the owner of the car that hit her.  Ms. Murry claimed she was therefore entitled to receive unlimited, lifetime insurance benefits and filed suit against GuideOne in the Adams County District Court in 2005.  Ms. Murry pursued claims including breach of contract and bad faith, but, in May 2007, the trial court granted GuideOne's motion for summary judgment, concluding that her claims were barred by the statute of limitations.

Ms. Murry appealed the summary judgment entered against her, but the Colorado Court of Appeals agreed with the trial court that her claims were barred by the statute of limitation.  The Court of Appeals' decision affirming the summary judgment in GuideOne's favor was issued in a published opinion and likely will be useful for defendants pursuing statute of limitations defenses.

Won affirmation of a trial court's order of summary judgment for an insurance company client in a statute of limitations case before the Colorado Court of Appeals.