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Won a defense jury verdict for an insurance company against a policyholder who failed to comply with the statute of limitations.

Date: 02.07.20

WTO won a jury trial in Denver County District Court for a national insurance company in a contentious uninsured motorist case. The matter arose when the plaintiff brought a lawsuit against WTO’s client, claiming breach of contract following a 2015 car accident. The case presented significant risk, because had the plaintiff’s tactics proven successful, the client would have faced exposure for triple damages and fees, and the outcome could have led to a surge in manufactured insurance lawsuits.

For over three years following the accident, the insurance company attempted to adjust the claim. However, the plaintiff consistently failed to supply information necessary to do so. Eventually, the statute of limitations expired and WTO’s client denied the claim. As a result, the plaintiff brought two lawsuits: one accusing WTO’s client of breaching the insurance policy and another alleging that the client had “delayed” paying benefits and owed triple plus attorney fees. WTO defended the case on the plaintiff’s failure to cooperate and the statute of limitations.

Throughout the trial, WTO overcame various obstacles, including a surprise plaintiff’s witness that opposing counsel disclosed with only 35 minutes of notice. Despite these challenges, WTO prevailed, effectively cross-examining the ambush witness and demonstrating that the plaintiff had failed to comply with the statute of limitations. The jury reached a complete defense verdict in less than half an hour.