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Colorado Law

Suicide Exclusion and Intoxication – New Colorado Supreme Court Decision Concerning Denied Life Insurance Claim

June 4, 2018

On June 4, 2018, the Colorado Supreme Court issued its opinion in Renfandt v. New York Life Insurance Company, 2018 CO 49, holding, “under Colorado law, a life insurance policy exclusion for ‘suicide, sane or insane’ excludes coverage only if the insured, whether sane or insane at the time, committed an act of self-destruction with the intent…

Disability Claims for Firefighters & Police Officers

May 9, 2018

Many firefighters and police officers in the state of Colorado enjoy the benefits of the Fire & Police Pension Association of Colorado (FPPA). The FPPA administers a state-wide, multiple-employer retirement system providing defined benefit plan coverage. In addition to pension benefits, death and disability coverage also exists. For many fire districts and police departments, an additional long-term disability (LTD) insurance policy…

Hartford Approves Long-Term Disability Benefits

April 11, 2018

A career firefighter suffered from several work-related injuries. He made heroic efforts to continue working by pursuing every treatment option, including multiple surgeries, to improve his conditions. However, his doctors had grave concerns that he would ultimately suffer a reinjury and recommended he cease work. He was eventually convinced to end his career and submit…

Barrister’s Best People’s Choice – Best Disability Lawyer

October 20, 2017

Law Week Colorado just released its annual list of the very best attorneys in Colorado in various practice areas. We’re proud to announce that our own Shawn McDermott has been included. The weekly publication invited its readers “to help track down the most prominent, highest performing and well-established lawyers in each practice area.” Shawn was…

MY ERISA DISABILITY CLAIM APPEAL WAS DENIED; WHAT CAN I EXPECT NOW?

August 8, 2013

So there you are: you submitted an internal appeal of your denied long-term disability claim with your insurance carrier or claim administrator and that appeal has been denied. (hopefully, you have used the services of a qualified and experienced disability attorney to submit your appeal – as the appeal is the most important stage of your…

LIFE WAIVER OF PREMIUM – DON’T FORGET!

January 10, 2013

Since I am on the issue of life insurance coverage (see my other blog post of today’s date), I take this opportunity to remind all readers of a little known provision likely found in your employer-provided, group life insurance policy — commonly referred to as “life waiver of premium” (“LWOP”). I have yet to review…

THE DIFFERENCES BETWEEN AN INDIVIDUAL AND A GROUP (ERISA) DISABILITY POLICY

March 12, 2012

If you have income replacement protection if you become disabled due to a sickness or injury or illness, such coverage is most likely available to you through a group disability policy purchased by your employer. For the most part, these policies and claims thereunder are governed by the federal statute known as the Employees Retirement Income…

SHAWN MCDERMOTT NAMED 2011 SUPER LAWYER

July 21, 2011

Shawn McDermott has been recognized as a Colorado “Super Lawyer” for 2010. Mr. McDermott’s recognition falls in the area of Employee Benefits/ERISA Insurance Coverage and Personal Injury. The Super Lawyer’s recommendation is made by FindLaw.com, a Thomas Reuters business, an independent lawyer rating service. The selection process is based upon a “comprehensive, good faith and…

New Insurance Law in Colorado (HB 1407 Signed By Governor)

June 5, 2008

We just learned this morning that Governor Ritter signed into law House Bill 1407 yesterday afternoon which has the ability to dramatically assist beneficiaries/insureds of insurance contracts, including those governed by ERISA. Generally speaking, the bill provides specific rights and remedies to insureds under insurance contracts whose claims have been unreasonably delayed or denied. Specifically,…

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 sums granted to $60,000, from the…