The Riverpoint Building
2300 15th Street Suite 200
Denver, CO 80202
Maps and Directions
Greenwood Village
5750 S. Ulster Circle, Suite 300
Greenwood Village, CO 80111
Maps and Directions

(303) 964-1800

October, 2013

New 10th Circuit Decision Further Restricts Review of Relevant Evidence in ERISA Cases

December 26, 2007

On November 30, 2007, the 10th Circuit Court of Appeals issued the decision in Jewell v. Life Ins. Co. of North America, 2007 WL 4218919. In this case, Mr. Jewell was seeking long term disability benefits through a group policy purchased with LINA (CIGNA) on behalf of the employees of
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Recent Changes to Colorado Worker’s Compensation Laws

December 17, 2007

Each year, Colorado’s General Assembly amends the Colorado Worker’s Compensation Act. The changes in 2007 are critical in many respects. They are highlighted below. Senate Bill 07-258 • Slight changes to worker’s compensation evidentiary hearings specific to notice, time schedule, evidence and orders; • Increases the aggregate of all lump
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California Insurance Commissioner To Seek Fines and Penalties against Blue Cross

December 14, 2007

On December 13th, California Insurance Commissioner Steve Poizner announced his intent to seek $12.6 million dollars in fines and penalties against insurer Blue Cross Blue Shield based upon the results of a Market Conduct Examination. The examination revealed extensive violations in claims handling and improper rescissions. Among these violations, the
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Colorado Uninsured/Underinsured Motorist Law to Change January 2008

December 12, 2007

During Colorado’s most recent legislative session, a new law was added to the books which will effectively increase a Colorado insured’s limits under their Uninsured or Underinsured (UM/UIM) motorist coverage. Visit our uninsured / underinsured motorist page to refresh yourself on the nature of UM/UIM coverage. Prior to this legislative
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Your Health Insurer Wants Their Money Back

November 29, 2007

Often times, insurance policies contain enforceable provisions that may dramatically differ from one’s expectations, especially if the insured has not reviewed th policy in detail. For instance, many health insurance policies contain “subrogation clauses” which provide the insurer the ability to be reimbursed for medical expenses paid pursuant to the
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ERISA Litigation: A Primer

October 8, 2007

. Clients and lawyers alike are often surprised to learn that when ERISA litigation is successful, and a plan administrator’s decision is overturned by a court as arbitrary and capricious, the court “may either remand the case to the plan administrator for a renewed evaluation of the claimant’s case or
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Tenth Circuit Adopts Contra Proferentum in De Novo ERISA Cases

October 2, 2007

. The term “contra proferentem” refers to a doctrine of contractual interpretation which instructs courts to construe ambiguous language found in contracts against the drafter of the contract. In our practice, we often come across terms or provisions of insurance contracts which are capable of more than one meaning. In
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New Case Defining “Your Occupation” from Tenth Circuit

June 15, 2007

The Tenth Circuit Court of Appeals issued a decent decision in favor of an ERISA long term disability benefit claimant on May 7, 2007 in the case of Bishop v. LTD Plan of SAP America, Inc and LINA (Cigna), 2007 WL 1314523. The appeals court overturned an Oklahoma district court
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Proposed Congressional Changes to Make ERISA More Reasonable

June 15, 2007

During this 110th Congress, there have been two proposed bills intended to amend the Employee Retirement Income Security Act of 1974 (“ERISA”) to improve the protection of employee benefits, such as a employee’s long term disability (LTD) claim. The first is a bill proposed by Congresswoman Carolyn McCarthy, of the
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New Underinsured Case Law Allows Stacking of Policies in Colorado

May 8, 2007

In September 2006 the Colorado Supreme Court issued a decision which finally settles the issue of the stacking of underinsured motorists coverage (UIM) in the State of Colorado. If your policy contains UM/UIM (or “U”) coverage which provides both uninsured and underinsured motorists protection, which it should (check your auto
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