March 2018

Insurance Provider Wins Dismissal of Alleged Breach of Contract and Consumer Fraud Claims

North America - United States | North America | United States - Colorado

In putative statewide Colorado class action, a national insurer defended against alleged breach of contract and consumer fraud claims relating to the company’s use of a database to evaluate the reasonableness of medical bills for payment under PIP coverage.

Our firm developed facts and expert testimony that resulted in class certification denial following a three-day evidentiary hearing. That decision was affirmed on an appeal by the Colorado Supreme Court in 2011. Upon remand, we obtained the dismissal of one plaintiff on standing grounds and defeated the remaining plaintiff’s second attempt to certify a class, which was again upheld on appeal in 2017. The plaintiff’s individual claims were settled and dismissed.

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