Insurance Disputes and Insurance Bad Faith
Insurance coverage is a rapidly evolving area of the law. When a dispute arises between an insured and the insurer, or in cases where the insurer is unreasonable in its conduct toward its insured, it is important to have experienced legal counsel on your side to advise and represent you in obtaining the best outcome. Driscoll Rose attorneys are well-qualified to negotiate with recalcitrant insurance companies. We represent insureds in “bad faith” litigation and successfully enforce our clients’ rights to obtain appropriate financial recoveries. Contact the attorneys at Driscoll Rose today to discuss how we can assist you with your potential insurance-coverage dispute.
- June 2017 - David Driscoll and Jeff Rose are retained to represent a Lafayette, Colorado man in an insurance bad faith dispute against Truck Insurance Exchange related to Truck’s delays and denials of the client’s requests for medical benefits to address a 2011 work injury.
- November 2017 - After eight months of litigation, and with only thirty days remaining before the discovery cut-off, David Driscoll and Jeff Rose settle on confidential terms a lawsuit in U.S. District Court in Denver against Safeco Insurance Co. of America. On behalf Safeco’s insured, a Boulder County resident, Driscoll Rose LLC brought claims for underinsured motorist benefits and bad faith breach of contract. The case arose from a high impact intersection auto collision caused by a distracted, underinsured driver.
- July 2016 - David Driscoll and Jeff Rose obtain a policy limits $100,000 recovery of uninsured motorist (“UM”) benefits following an April 3, 2016 incident in which an uninsured driver collided at high speed with the Toyota Avalon of an Aurora woman, causing severe injuries to her. The injured woman’s auto insurer initially certified after the collision that the limit of UM coverage available under the policy was $25,000 per person. In response to legal arguments made by Mr. Driscoll and Mr. Rose, the carrier reformed the policy to provide for a higher UM limit of $100,000. The legal arguments related to the carrier’s inability to produce proof that it had offered in writing, before issuing the policy, higher UM limits to the insured, and that she had declined them.
- David Driscoll and Jeff Rose secure two underinsured motorist ("UIM") policy limit settlements on behalf of a Boulder veterinarian who was seriously injured when she, a cyclist, was hit by a car in downtown Boulder, Colorado.
- David Driscoll and Jeff Rose secure a $220,000.00 settlement from Farmers Insurance on behalf of a Colorado nurse who incurred a traumatic brain injury after being hit by an uninsured driver.
- David Driscoll and co-counsel Jenner & Block from Washington, D.C. represented a subsidiary of the nation’s largest supplier of building materials in an insurance coverage dispute in the Boulder County District Court. After more three years of litigation, including one appeal, the case settled on the eve of trial in late 2013.
- In a 2013 insurance coverage dispute between a North Carolina corporation and its liability insurance carrier, David Driscoll and Jeff Rose compelled the insurance carrier to assume defense responsibilities in a complex civil litigation matter.
- In 2013, David Driscoll and Jeff Rose, following nearly a year of litigation in the Boulder County District Court , settled on confidential terms a substantial bad faith claim against a major auto insurer related to its wrongful handling of an underinsured motorist claim.
- In April 2011, David Driscoll and Jeff Rose resolved an insurance bad faith claim filed in the United States District Court against Allstate on behalf of homeowners whose Denver, Colorado home was severely damaged by a 2009 fire.
- David Driscoll successfully represented a client in an insurance coverage dispute arising out of a motorcycle accident. After the client’s homeowner’s insurance carrier refused to provide a defense in the lawsuit, David Driscoll filed a bad faith action against the insurer and obtained an insurance-funded defense for his client. David Driscoll then successfully fought off the insurer’s attempts to have the court determine the scope of the client’s insurance coverage before the underlying lawsuit went to trial. Finally, David Driscoll successfully negotiated a settlement with the insurance company to cover all of his client’s defense costs and liability exposure.
- David Driscoll currently represents a subsidiary of the nation’s largest supplier of building materials in a major insurance coverage dispute in U.S. District Court.
- After successfully obtaining an insurance-funded defense for his client in a tort action, David Driscoll fought off efforts by the insurance company to resolve the issue of whether the claims were covered before the tort action went to trial. Then David Driscoll negotiated a settlement with the insurance company to cover all of his client’s defense costs and liability exposure.
- David Driscoll successfully represented a Louisville, Colorado woman in claims against her own insurance company for its denial of medical benefits related to injuries that she suffered in an automobile accident. The Colorado Court of Appeals decision in this case, Loza v. State Farm Mut. Auto Ins. Co., 970 P.2d 478, which followed a favorable jury verdict that included punitive damages, is one of the leading decisions in Colorado dealing with wrongful withholding of benefits by an insurer for an alleged pre-existing condition.
- In 2007, David Driscoll recovered $250,000 for a 40-year old Broomfield, Colorado woman in an insurance bad-faith lawsuit against the woman’s own auto insurer. The case involved claims that the insurer, which was responsible for the payment of the woman’s medical expenses after an auto collision, caused a reasonable and necessary low back surgery to be delayed because of its mishandling of the matter. On the morning of the scheduled surgery, the carrier had suddenly withdrawn its previous pre-authorization and ordered an “independent” medical examination. Settlement followed depositions taken by David of insurance company adjusters and a supervisor in Houston, Texas.