After a 2016 Colorado Supreme Court decision disallowed the offset of MedPay benefits against a judgment for uninsured motorist benefits, the client, a national insurance provider, was sued in a putative class action case for breach of contract.
Our firm obtained early dismissal of the case on grounds that the named-plaintiff had executed a complete release upon settling her insurance policy claims. We then defended the dismissal upon plaintiff’s appeal to Colorado Court of Appeals. The appellate court unanimously affirmed the trial court’s dismissal of the case.
