Colorado Supreme Court clarifies path for proving insurers' unreasonable delay of benefits
The
Under state law, insurers cannot unreasonably delay or deny payment on a claim. The
In the case of
However, in a
"Although, as GEICO argues, non-economic damages tend to involve greater subjectivity than other types of damages like medical expenses," Gabriel elaborated, "we decline to conclude, as a matter of law, that such damages (or a portion thereof) can never be undisputed."
Lawyers for Fear and GEICO did not immediately respond to a request for comment.
The case attracted the attention of outside groups who weighed in to the Supreme Court and took away differing impressions of the opinion.
On the one hand, an attorney for the insurance industry called the decision a rejection of "a cynical attempt" from plaintiffs' lawyers to etch insurers' internal estimates in stone.
"In today's common-sense decision, the
However,
"Among other things, the Court recognized that an auto insurer's evaluation of its insured's noneconomic damages can be relevant in an insurance bad faith case," he said.
In Fear's case, he received neck, back and head injuries from his accident. The responsible driver's insurance company paid Fear
Fear then sought additional benefits from his own insurer, GEICO, arguing his injuries exceeded
In 2021,
A three-judge panel of the
"Internal evaluations like the one that GEICO completed in this case are not intended to confine the fact finder to a particular range of damages, or even to inform its decision-making process," wrote Judge
During oral arguments in November, the Supreme Court heard about the dynamics of insurance settlements and how a ruling could upend that process. If insurance companies did not immediately pay policyholders the minimum amount shown by their calculations, for example, they could risk a lawsuit for unreasonably delaying "undisputed" damages.
If that were the case, observed Gabriel, "every insurance company would run their number as 'zero to X.' And then you're stuck with, 'I guess the undisputed number is zero.' That makes no sense."
Ultimately, the Supreme Court decided GEICO's internal estimate of Fear's damages could not be used in court to show how much he was owed — a win for the insurance industry. But, in a benefit for policyholders and contrary to the
"Accordingly, insurers may not shield themselves from liability simply by disputing the value of a particular benefit; the dispute must have a reasonable basis," Gabriel added.
The
The case is Fear v.


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