Colorado Supreme Court narrows consumer protection law for insurance claims
The
In 2020, the legislature changed state law to limit insurance companies' ability to assert a failure-to-cooperate defense when they are sued for withholding benefits. Among other things, an insurer must give a policyholder time to address any specifically identified failures to cooperate in the claim investigation.
Plaintiff
By 6-1, the Supreme Court sided with the insurance companies.
"Policyholders are on notice of the enumerated conditions precedent in their policies requiring them to engage in specific conduct — like the duty to provide a comprehensive medical release — without additional notice from the insurer," wrote Justice
Justice
"The statute means what it says: If an insurer claims that the insured has failed to provide information that a reasonable person would conclude was necessary to adjust the insured's claim, the insurer must provide the insured notice and an opportunity (to) cure," she wrote. "It is undisputed that did not happen here."
In the underlying case, Wenzell was seriously injured in a 2014 car accident. He underwent surgery nearly 2.5 years later and in
Wenzell's estimated damages from the second collision exceeded
Consequently,
An
"Neither insurer did so here," wrote Judge
She added that
The insurance companies appealed, contending lawmakers only sought to address situations where an insurer alleged a policyholder failed to cooperate generally, without an opportunity to fix the problem.
"When the policy specifically requires the insured to release medical records, however, there is no possible ambiguity about whether the insured must do so," wrote attorney
The majority agreed with her.
"Our holding today should not be understood as an invitation to insurers to try to circumvent (the law) by establishing novel or unduly onerous conditions," wrote Hood, adding that insurance companies could still be liable if they craft contractual provisions in bad faith.
Berkenkotter argued that lawmakers intended to protect policyholders across the board from allegations of noncooperation.
"Alleged gamesmanship by insurers concerning requests for blanket medical release authorizations — the type of noncooperation at issue here — was specifically mentioned by proponents of (the law) no fewer than ten times during the hearing in the House," she wrote. "The majority's analysis turns the legislature's intent on its head."
In addition, all justices agreed that
The case is


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