Insurance

Cases

• Won on an issue of first impression before the Colorado Court of Appeals for an insurance company. The published opinion states that administrative determinations in workers' compensation proceedings do not have preclusive effect in subsequent bad faith cases, protects the efficiency of administrative proceedings, and preserves employers' ability to present complete defenses at trial.
• Won a favorable result for a multinational insurance company accused of insurance bad faith, intentional interference with a contract, and bid rigging and price fixing in violation of the Colorado Antitrust Act.
• Won a complete defense judgment for an errors and omissions insurer that was sued for bad faith by an engineering firm. WTO attorneys proved that the policyholder did not comply with all of its policy obligations.
• Won dismissal of a putative class action involving several thousand medically-fragile children asserting claims against a New Mexico health plan.
• Won a directed verdict in a $100 million insurance coverage arbitration involving a novel rectification coverage claim.
• Representing an insurance company in the appeal of a favorable verdict in a bad faith case raising questions of first impression under Colorado insurance law.
• Counsel in a federal jury trial in a multimillion-dollar dispute concerning alleged construction defects in a large residential development; lead counsel on appeal.
• Defeated class certification and won summary judgment a month before trial in a nine-figure, 80,000 member class action brought against a major insurer in Washington. The plaintiffs claimed WTO's client violated an insurance regulation governing how insurers must value total loss vehicles.
• Won Eighth Circuit affirmance for a major insurance company to uphold WTO's trial court victory in a motion to dismiss. Following oral arguments, the panel ruled that WTO's client complied with state laws regarding the settlement of total loss claims.
• On the eve of trial, obtained settlement for a leading nationwide insurer facing a novel antitrust challenge to its method of handling property damage claims.
• Won summary judgment for a national insurer in federal court in Colorado in a bad faith case involving medical payments coverage for workers' compensation claims. WTO proved that the plaintiff was seeking double recovery for his injuries through his policy with our client.
• Serving as national coordinating counsel on COVID-19 property litigation for a major property and casualty insurer.
• Won a groundbreaking state supreme court ruling disqualifying a client's former lawyers from participating in a lawsuit against the client. The published opinion is the first state supreme court decision that disqualifies lawyers from pursuing litigation against an insurance-company client they previously represented.
• Won a significant appeal for Owners Insurance Company against a condominium association that filed an inflated insurance claim and sought more than $5 million in total damages.
• Won a defense jury verdict in New Mexico for USAA against underinsured motorist claims following a 2013 car accident. The jury found that the plaintiffs' alleged injuries were unrelated to the accident and decided in USAA's favor in less than 30 minutes.
• Won a federal jury verdict in a trial for an insurer pursuing counterclaims against a homeowners association that filed an inflated insurance claim and sought more than $5 million in total damages. The Court entered judgment for the client for the full amount that had been paid in benefits, plus interest and costs.
• 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.
• Won a defense verdict for a national carrier in a bad faith jury trial in which the plaintiff claimed the insurer must pay for a special run of bricks in order to fully repair the plaintiff's home. A 12-member jury unanimously rejected the plaintiff's claims, agreeing that WTO's client had acted in good faith. WTO also won the Tenth Circuit appeal.
• Won reversal of a $3 million property appraisal award against American Family and disqualification of the plaintiff's national property appraiser as well as the umpire on grounds that they were not impartial and failed to disclose directly relevant financial incentives and relationships.
• Won an "extraordinary remedy" from the Colorado Supreme Court for an insurance company to reverse a trial-court order implying a waiver of the attorney-client privilege. The unanimous opinion establishes that the mere "fact that privileged information might become relevant in a given lawsuit could not alone be enough to establish an implied waiver."
• 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 complete affirmance in the Tenth Circuit of landmark rulings governing insurance appraisals. In two published opinions, the Tenth Circuit affirmed trial court rulings vacating an eight-figure appraisal award against the client, disqualifying for bias a national policyholder appraiser, and sanctioning the policyholder and its lawyers for misconduct in connection with the appraisal.
• Won reversal and remand of an adverse jury verdict and affirmed sanctions against opposing counsel. The defendant's insurer hired WTO to handle the appeal after the trial judge directed that the defendant be found at least 51% liable, leading the jury to award the plaintiff over $1,000,000.
• Obtained summary judgment for USAA against a putative class action alleging that USAA's time limitation on Med-Pay benefits violated Colorado law and that USAA failed to disclose the time limitation.
• Won a defense verdict for a national carrier against a claim of negligent misrepresentation after a contentious appeal. After prevailing on eight claims on summary judgment, one claim was remanded for trial after an appeal. WTO's client won on the final claim after a six-day jury trial in Boulder County.
• Won Montana Supreme Court reversal of class certification against USAA in bad faith litigation and remand to the district court for further proceedings.
• Successfully represented a Fortune 20 company in class action and insurance litigation arising from a six-alarm warehouse fire. WTO's client paid just 1% of claims—which it then recovered through affirmative claims against other parties and their insurers.
• 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.
• 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.
• Won a motion to dismiss and a subsequent award of attorneys' fees and costs for a large nationwide insurer involved in a dispute over coverage amounts for a home lost in the 2012 Waldo Canyon wildfire.
• Successfully defended an insurer in an insurance bad faith and breach of contract trial arising out of the devastating Waldo Canyon wildfire of 2012. The plaintiff voluntarily dismissed one claim the morning of trial, lost another claim, and was awarded just five figures on the third claim after having demanded more than $1 million.
• Defeated putative class claims for bad faith and consumer protection act claims related to time limits for medical payments coverage.
• Represented Farmers Insurance in two Washington insurance class actions alleging unrepairable damage claims under UIM property-damage coverage.
• Won summary judgment for USAA based on a plaintiff's lack of standing in a putative class action regarding the contractual time limitation for medical payments coverage.
• Won a complete defense verdict in a bad faith matter for Allstate before the United States District Court for the District of Colorado.
• Won a complete defense verdict for Allstate Insurance Company in an insurance bad faith case brought in the United States District Court for the District of Colorado.
• Won a unanimous jury defense verdict in a three-week trial in Denver District Court for USAA. WTO lawyers defeated breach of contract and bad faith claims in connection with USAA's refusal to provide coverage for a roof on the plaintiffs' property. The jury returned a complete defense verdict in less than one hour.
• Obtained a favorable settlement for a large excess insurance company in a medical malpractice case involving a permanent disability to a young child resulting from surgery conducted by a doctor who was not board certified.
• Obtained summary judgment from a Texas district court in a case alleging WTO's client, a life insurance company, committed fraud and violated consumer protection laws.
• Won a Colorado Supreme Court decision favorable to WTO's client, Allstate, and all Colorado auto insurers in a purported class action involving disclosures associated with underinsured and uninsured motorist policies.
• Won affirmance from the Tenth Circuit of summary judgment for an insurer in a case seeking unlimited no-fault benefits for alleged failure to offer no-fault benefits.