The District Court of El Paso County recently granted a Motion for Determination of Law and Motion for Summary Judgment filed by Keith Olivera on behalf of an insurer. In her Complaint, Plaintiff asserted a claim of unreasonable delay/denial pursuant to C.R.S. § 10-3-1115. In its Motion for Determination of Law, the insurer requested the Court find, as a matter of law, that it owed no duty to advance payment of a settlement offer to Plaintiff. The Court agreed and found no such duty existed under Colorado law.
Similarly, in its Motion for Summary Judgment, the insurer asserted that Plaintiff’s claim must fail as (1) the crux of Plaintiff’s case simply involved a dispute as to what Plaintiff was owed, which could not form the basis of a statutory delay claim, and (2) Plaintiff could not prove a delay of any benefits owed. The Court agreed with insurer and granted the motion.