On Monday, May 21, 2018, the Colorado Supreme Court announced two new decisions in the area of personal injury law.
In City & County of Denver v. Dennis, 2018CO37, the Court held that a motorcyclist who suffered serious injuries due to the condition of a Denver street could not recover because the street’s condition was not so bad that it posed an unreasonable risk that physically interfered with the flow of traffic. This case demonstrates the difficulty of bringing claims subject to Colorado’s Governmental Immunity Act.
In State Farm v. Fisher, 2018CO39, the Court upheld a Colorado Court of Appeals decision requiring insurance companies to provide underinsured and uninsured motorist benefits promptly, even when there is a dispute as to the amount of benefits the claimant is entitled to. The Court held that the insurance company must promptly pay the undisputed portion of benefits. This case is consistent with other recent Colorado law requiring that insurance companies pay their own insureds’ first party claims promptly, rather than delaying any payment until a full and final payment was agreed to.