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Help with Business Interruption and Other Financial Loss Claims.

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Help with Business Interruption and Other Financial Loss Claims

Posted by lsadmin

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, 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, 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

Posted by lsadmin

Following an eight-day jury trial in Denver District Court, Levin Sitcoff 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.

LEVIN SITCOFF Ranked in 2020 “Best Law Firms”

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Levin Sitcoff, P.C. has been ranked in the 2020 U.S. News – Best Lawyers® “Best Law Firms” list nationally in 1 practice area and regionally in 5 practice areas.

Levin Sitcoff, P.C. received rankings in the following practice areas:

NATIONAL TIER 2

 Appellate Practice

METROPOLITAN TIER 1

Colorado

 Appellate Practice
 Criminal Defense: General Practice
 Insurance Law
 Litigation – Insurance
 Personal Injury Litigation – Plaintiffs

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. To be eligible for a ranking in a particular practice area and metro region, a law firm must have at least one lawyer who is included in Best Lawyers in that particular practice area.

Levin Named to Executive Committee of National Bad Faith Bar Association

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Brad Levin has been selected to the Executive Committee of the Insurance Bad Faith Trial Lawyers Association one of 19 specialty associations of the National Trial Lawyers (NTL).

NTL is a professional organization composed of the leading trial lawyers from across the country invited to join after exemplifying superior qualifications as civil plaintiff or criminal defense trial lawyers. This national organization provides networking opportunities, advocacy training, and the highest quality educational programs for trial lawyers.

The Trial Lawyers Summit is an annual gathering of the most outstanding civil plaintiff and criminal defense attorneys in America. It was created in 2012 by NTL to bring together its members to share ideas and to learn new ways of improving their skills in the courtroom and better ways of managing and marketing their law firms. It was first held in 2012 in South Beach, Florida.

Two Levin Sitcoff Attorneys Named to the 5280 Magazine Top Lawyers List

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Levin Sitcoff is pleased to announce that attorneys Bradley Levin and Nelson Waneka have been recognized in 5280 Magazine’s 2019 Top Lawyers in Denver. Both Bradley and Nelson were honored in the specialty of Insurance. This is Bradley’s fourth year and Nelson’s first receiving this recognition.

5280 Magazine invites Denver lawyers in the seven-county metro area to vote for contemporaries they respect most in 50 legal specialties.  Based on those interviews and the survey results, 5280 assembles a list of Denver’s most skilled attorneys based on this peer review feedback.

 

 

Four Levin Sitcoff, PC attorneys named to 2019 Best Lawyers list

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Levin Sitcoff, PC is pleased to announce that four lawyers have been included in the 2019 Edition of The Best Lawyers in America.

We would like to congratulate the following firm attorneys named to 2019 Best Lawyers in America list:

Best Lawyers has published their list for over three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals. Its first international list was published in 2006 and since then has grown to provide lists in over 75 countries.

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.

What Is Post-Claim Underwriting in Colorado?

Posted by lsadmin

Having insurance should provide us peace of mind; we know that, should an accident or debilitating illness occur, our losses will be covered. In exchange for this assurance, we pay a premium for business, auto, health, disability —though all the while hoping we’ll never have to make a claim.

Unfortunately, sometimes when we do need to use our insurance, the insurance company refuses to pay out the coverage we have purchased. One of the ways insurers do this is through “post-claim underwriting,” which is when an insurance company issues a policy with little or no investigation into the insured’s relevant background, waits until a claim is filed to gather this information, and then denies coverage based on what they found.

The good news is that you may have recourse if this happens to you, so let’s look more closely at what post-claim underwriting entails.

Good Faith

In Colorado, insurance companies are obligated to act in good faith. That means that they must promptly investigate and pay a claim, regularly communicate with the insured, and offer a reasonable explanation regarding any claim denial or settlement offer.

Despite this statutory obligation, sometimes insurance companies are reluctant to pay claims, and, instead, they engage in post-claim underwriting to attempt to avoid payouts.

Before issuing policies, insurance companies are supposed to weigh or “underwrite” the risk involved. With health insurance policies, for instance, this process would involve gathering information about the applicant’s medical history. Some insurers prefer to skip this vetting, however, because of the expense involved; instead, they do the underwriting after a claim is filed.

While this practice may save insurance companies money, you can see how it can be terribly unfair to individuals and businesses who believed they had insurance—and, in fact, have paid for coverage—only to have their claims denied. This is even more troublesome when you take into account that these same individuals may have been able to secure coverage from an insurance company who did proper underwriting from the start.

Are You in a Post-Claim Underwriting Situation?

If you have been denied coverage or had your coverage rescinded or cancelled, and you think your insurance company might be engaging in post-claim underwriting, you should get in touch with an experienced insurance law  attorney immediately.

At Levin Sitcoff, we can make sure your rights are protected and help you get the coverage your deserve. Send us a message or give us a call at (303) 575-9390 today to get started.

Five Levin Sitcoff, PC attorneys have been named 2018 Colorado Super Lawyers and Rising Stars

Posted by lsadmin

The firm’s Super Lawyers are Brad Levin and Jeremy Sitcoff in the category of insurance coverage.

Nelson Waneka and Susan Minamizono are listed as Rising Stars in the category of insurance coverage.

In addition to being listed Super Lawyers, Levin appears on the Colorado Top 10 list, and both Levin and Sitcoff appear on the Colorado Top 100 list. Levin and Weisz have been listed Super Lawyers for over 10 years.

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LEVIN | SITCOFF PC

1512 Larimer Street Suite 650
Denver, CO 80202
Phone: 303-575-9390
Fax: 303-575-9385
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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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