Levin Sitcoff Waneka, PC Attorneys Named to 2022 Colorado Super Lawyers List.

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Levin Sitcoff Waneka, PC Attorneys Named to 2022 Colorado Super Lawyers List

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We are pleased to announce that five of the firm’s attorneys have been selected to Colorado Super Lawyers and Rising Stars. Each year, no more than five percent of lawyers in the state are selected to receive this honor, and no more than 2.5 percent are selected to the Rising Stars list.

Our 2002 Colorado Super Lawyers include:

And our 2002 Colorado Rising Star is:

In addition to being a listed Super Lawyer, Bradley Levin was once again included by peers on the Top 10 and Top 100 lists in Colorado. Jeremy Sitcoff also appears on the Top 100 list.  

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.



Levin, Sitcoff and Waneka Named 5280 Top Insurance Lawyers

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Attorneys Brad Levin, Jeremy Sitcoff, and Nelson Waneka were recently named to the 5280 Magazine’s list of 2022 Top Lawyers for Insurance Law.  Every year, 5280 Magazine surveys over 17,000 Colorado-licensed attorneys to determine which are the best of the best. Levin Sitcoff Waneka is one of the only firms listed to have more than one attorney appear in the top for Insurance.

Expert witnesses in insurance litigation: Using them for both coverage and bad faith issues

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Attorney Brad Levin recently co-authored an article featured in Forum by the Consumer Attorneys Of California covering the pitfalls of using expert witnesses whose credibility may be easily attacked based on previous testimony or a past relationship with an insurance company. Brad teamed up with attorney Guy O. Kornblum, a principal in Guy O. Kornblum, A Professional Law Corporation, with offices in San Francisco and San Ramon to describe these issues.

Experts show up in all types of insurance claims cases: third party “failure to defend,” third party “failure to settle,” and first party “failure to pay” or “delay in paying” claims.

Learn what to look for in an expert witness, how to best qualify them, and basic points to consider in selecting an expert to assist in your case.

Click here to read the article- https://online.flippingbook.com/view/415529422/32/


Levin and Minamizono defend Aspen Restaurant in business losses due to coronavirus

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Aspen restaurant, L’Hostaria, recently filed a lawsuit over the financial losses the restaurant suffered due to business interruptions related to Covid-19. According to a story in the Aspen Times, the restaurant is the first in Aspen to seek a court’s declaratory judgment that its general-coverage insurance policy applies to its business-loss claims.

Levin Sitcoff Waneka attorneys Brad Levin and Susan Minimazono represent the restaurant and sued its carrier, Cincinnati Insurance Co., last week in Pitkin County District Court before the case transferred to federal court.

According to the suit, Cincinnati Insurance denied claims from L’Hostaria in April and affirmed the denial in November.

In the coverage from Aspen Times, L’Hostaria’s suit makes claims for breach of contract and bad faith, and also seeks a declaratory judgment that the restaurant’s “losses incurred due to the COVID-19 pandemic and government-mandated closure of its property are insured losses under the Policy; and Cincinnati is obligated to pay L’Hostaria for the full amount of the losses it has incurred in connection with the COVID-19 pandemic and government-mandated closure of L’Hostaria’s property.”

Click here to read the full story – https://www.aspentimes.com/news/aspen-restaurant-takes-on-insurance-carrier-over-business-losses-from-pandemic/

If you or your client would like assistance with a potential coronavirus-related insurance claim, give us a call at 303-575-9390.


Bradley A. Levin named 2021 Best Lawyers® Denver “Lawyer of the Year” and Three Levin Sitcoff Waneka, PC lawyers named to 2021 Best Lawyers® list

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We are pleased to announce three lawyers have been included in the 2021 Edition of The Best Lawyers in America.

The following Levin Sitcoff Waneka, PC lawyers named to 2021 The Best Lawyers in America list:

In addition to being listed in Best Lawyers, Brad has been recognized as the 2021 Denver “Lawyer of the Year” for Litigation – Insurance.

Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant. These lawyers are selected based on particularly impressive voting averages received during the peer review assessments.

Receiving this designation reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, their professionalism, and their integrity.

Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and undergo an authentication process to make sure they are in current practice and in good standing.



Firm Sues Deputy Who Broke Woman’s Arm During Routine Welfare Check At Her Home

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Levin Sitcoff Waneka has filed suit in U.S. District Court on behalf of a Douglas County woman whose right arm was broken and permanently debilitated by one of three Douglas County sheriff’s deputies sent to her home at the request of her sister to make a routine welfare check.

As reported in The Denver Post, the plaintiff was taken to the hospital for treatment and still suffers from pain radiating down her arm, grip and overall hand weakness. Nearly all of the incident, including the moment of injury, which occurred in Lone Tree about 8 a.m. on August 14, 2017 was captured on a deputy body cameras.

To read the complaint, click here..

Help with Business Interruption and Other Financial Loss Claims

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Companies large and small, serving both the business-to-business and business-to-consumer markets, are already suffering financially due to the coronavirus pandemic.  A question that may determine their very future is whether they have a viable claim under their business insurance policy for business interruption and other financial losses.

We want to offer our help evaluating policy language and developing a strategy to make a successful claim.

For example, some businesses will learn their business insurance policy specifically excludes communicable disease.  Such exclusions became commonplace after SARS in 2003 when insurers realized the level of exposure they had, particularly in the hospitality industry.  Also, business insurance policies typically require physical damage to property in order to trigger business interruption coverage, and the question of whether the coronavirus causes such property damage, and what law applies in making this determination, will be crucial.   Also, some business policies afford coverage when losses have been incurred due to an order by a civil authority.  Thus, how a claim is presented, including the nature of supporting evidence and the manner in which it is characterized, can well affect the outcome of the claim. In the meantime, it is important that coronavirus business impacts be properly documented.

If you or your client would like assistance with a potential coronavirus-related claim, give us a call.

Six Levin Sitcoff Waneka, PC Attorneys Named 2020 Colorado Super Lawyers and Rising Stars

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We are pleased to announce that six of the firm’s attorneys have been selected to the 2020 Colorado Super Lawyers and Rising Stars lists.

Because of this rigorous selection process, only 5 percent of all practicing lawyers are selected to the Super Lawyers list for their region and practice area. Additionally, only 2.5 percent of all attorneys under age 40 or with less than 10 years in practice are selected to the relevant Rising Stars list each year.

The Levin Sitcoff Waneka, PC attorneys selected as 2020 Colorado Super Lawyers are:

The firm’s 2020 Rising Stars are:

LAW WEEK: Insurance lawyers seeing a lot of business in insurance bad faith space

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Read the latest commentary from attorneys Brad Levin and Jeremy Sitcoff on the rise of bad faith litigation for insurance attorneys.  The article was featured in Law Week Colorado and included law firms and attorneys who are listed in U.S. News-Best Lawyers “Best Law Firms” for insurance.

Click here to read the entire article.

Sitcoff Wins $3million Verdict for Bad Faith and Denial of Benefits

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Following an eight-day jury trial in Denver District Court, Levin Sitcoff Waneka partner Jeremy Sitcoff and his co-counsel, Dan Caplis, have won more than $3 million in a case against Cincinnati Casualty Company (“Cincinnati”) asserting claims for breach of contract, bad faith breach of insurance contract, and violation of C.R.S. §§ 10-3-1115 and -1116.

The total verdict still being calculated and to be set by the court will include an award of attorney’s fees and costs on behalf of the plaintiff due to the finding of statutory bad faith.

The case began October 25, 2013 when the plaintiff, Alex Headley, was driving northbound on Interstate 25 north of Castle Rock. Testimony at trial revealed Kelsey Meyer, who was also driving northbound on Interstate 25, fell asleep while driving at highway speeds.

Ms. Meyer’s vehicle collided with another vehicle, which then collided with Mr. Headley’s vehicle. Mr. Headley suffered multiple significant and permanent injuries in the crash as well as a significant loss of income. He ultimately underwent artificial disc replacement surgery, lumbar fusion surgery, and a subsequent surgery on his lumbar to remove the hardware. At the time of the crash, Mr. Headley was insured under a commercial automobile insurance policy issued to his employer, Patriot Enterprises, by Cincinnati. The Cincinnati policy provided underinsured motorist (“UIM”) benefits in the amount of $1 million per occurrence. Ms. Meyer was insured under an automobile liability policy issued by Allstate Insurance Company (“Allstate”) that provided bodily injury coverage with limits of $250,000 per person/per accident, in addition to a personal umbrella policy issued by Allstate that provided $1 million in bodily injury coverage.

Mr. Headley made a bodily injury claim with Allstate and was also communicating with Cincinnati regarding his injuries, damages and losses. Mr. Headley ultimately brought suit against Ms. Meyer while continuing to provide information to Cincinnati regarding his UIM claim. Cincinnati was provided with all of Mr. Headley’s medical records as part of its investigation of Mr. Headley’s UIM claim. After settling his claim against Ms. Meyer, Mr. Headley submitted to an independent medical examination as requested by Cincinnati. After the UIM carrier received the IME report, Cincinnati advised Mr. Headley that he had been fully compensated by the Allstate settlement and that he was not entitled to any UIM benefits.

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Levin | Sitcoff | Waneka PC

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Denver, CO 80202
Phone: 303-575-9390
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Disclaimer: The information contained throughout this site is meant to provide a basic understanding of insurance bad faith law including insurance coverage, bad faith first party, bad faith third party, personal counsel, appellate, expert witness, serious bodily injury, disability, ERISA, and disability, professionals. This information is not meant to be taken as legal advice and does not establish an attorney-client privilege.
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