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Practice Areas

Third-Party Bad Faith

LEVIN SITCOFF specializes in bad faith third party insurance claims, which occur when a policyholder has been sued and the policyholder's insurance company hasn't acted reasonably to settle the claim or has failed to defend the policyholder.

When a passenger sustained serious injuries in a glider crash and sued the glider pilot and the flying club, the pilot's insurance carrier denied coverage and refused to defend the pilot, forcing him into bankruptcy. The bankruptcy estate trustee entered into an agreement with the victim permitting LEVIN SITCOFF to file a bad faith lawsuit against the insurance carrier. The suit was settled in arbitration for $2 million on behalf of the pilot.

LEVIN SITCOFF has extensive experience litigating bad faith insurance claims in Colorado. In fact, in 1981, Tom Roberts filed the first case to establish the tort of insurance bad faith in Colorado, Farmers Group Inc. v. Trimble.

The attorneys at LEVIN SITCOFF understand that to successfully resolve bad faith insurance claims, lawyers must be well versed in the nuances of insurance coverage. In particular, they must understand that a good or bad case doesn't depend on the amount in dispute, but rather on how the insurance carrier reacted to a claim. Conduct is what matters. No matter what size settlement is in dispute, LEVIN SITCOFF has the experience and expertise to achieve favorable results for policyholders.

Expert Witness

LEVIN SITCOFF attorneys are frequently called upon to testify in court as experts.

Cases in which the shareholders have testified include:

Bradley A. Levin

  • Barnes v. Shelter Insurance Company, Larimer County District Court, Case No. 03 CV 1058. Counsel: Jan Larsen. Trial Court Testimony (2005).
  • Flight Levels, Inc. v. Old Republic Ins. Co., et al., Broomfield County Court, Case No. 04 CV 116. Counsel: Michael Poindexter. Trial Court Testimony (2005).
  • William Livermore, D.C. v. New York Life Ins. Co., et al., U.S. District Court for the District of Colorado, Civil Action No. 03-K-0314 (MJW). Counsel: Robert Frank. Deposition Testimony (2004).
  • Karla Kahn v. Robert M. Madsen, et al., Arapahoe County District Court, Counsel: Charles Welton. Deposition Testimony (2002) and Trial Court Testimony (2004).
  • Marrakesh Cuisine, Inc. v. West American Insurance Company, District Court for the District of Colorado, Civil Action No. 02-N-1755. Counsel: David Hersh. Deposition Testimony (2002).
  • Refinance America, Ltd. v. Vincent C. Todd, Counsel: Charles Welton. Trial Court Testimony (2002).
  • Varghese v. Royal Maccabees Insurance Co., U.S. District Court for the Southern District of Ohio. Counsel: James Moore. Deposition Testimony (2002).
  • Cabs, Inc., et al. v. Hartford Insurance Group, U.S. District Court for the District of Colorado, Civil Action No. 01-M-1367. Counsel: Geoffrey Race. Deposition Testimony (2002).

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