- Sampson v. Industrial Welding, 2010
- Miller v. Rolling Hills Trucking, 2011
- Luis Roman, Velia Roman, individually and as the parents and legal guardians, on behalf of Jessica Roman, Erica Roman, Luis Roman (Jr.) and Eduardo Roman v. Delta Constr., Inc., and Philip Pfannebecker Sara Pfannebecker, individually, dba JP Enterprises, Albany County District Court, WY, Civil Action No. 30243 (The Coffee House – Fall 2008)
- Driver wins disabilities-act suit
- Insured shot at bar: Subrogation: Inadequate security: Medical expenses: Verdict. Daniels v. McKinney, Colo., El Paso County Dist. Ct., No. 95-CV-0147, Div. 6, Apr. 10,1997. (Law Reporter – September 1997)
- Critical Conditions: When Megan Jones asked her insurance company to pay for her cancer treatment, she found truth was at a premium. (Westword – January 03, 1996)
- Making a Case for Murder: The Cipriani brothers will try to prove in civil court that trooper Bob Benefiel killed their sister (Westword – November 2, 1994)
- Representative Decisions (Adobe PDF)
- May 19, 1997 Jury Verdict Reporter: Alan Daniels, sub nom. Bankers United Life Assurance Co. v. James McKinney and Sheryl McKinney d/b/a Jim & I’s Star Bar (Adobe PDF)
- May 13, 1996 Jury Verdict Reporter: Megan Jones v. American Medical Security, Inc.; United Wisconsin Life Insurance Company and Gary Cushner (Adobe PDF)
As a policy holder, the insurer owes many things, including prompt payment of claims. A denied claim or a delayed claim is not hopeless. If an insurer delays or denies your claim without a good reason, the insurer may owe you not only a check for the amount of the claim, but also compensation for your losses or damages that the delayed or denied claim caused you.
For example, emotional distress damages can be very large in bad faith cases, even though the insured did not suffer any financial hardship from the delay in payment of the claim.
On top of these compensatory damages, the insured may recover punitive damages if there is strong proof that the insurer has acted with willful and wanton conduct, or malice, fraud and/or oppression. For instance, evidence that an insurer ignored facts in its file which supported the claim while focusing on the facts justifying denial may be enough to obtain punitive damages.
Golden Rule Insurance v. Lease, 755 F. Supp. 948 (D. Colo. 1991); Martin v. Principal Cas. Ins. Co., 835 P.2d 505 (Colo.App. 1991); Golden Rule Ins. Corp. v. Greenfield, 786 F.Supp. 914 (D.Colo.1992) Baldwin v. Stonebridge Life Ins. Co., 283 F.Supp.2d 1148 (D.Colo. 2003); Myers v. Alliance For Affordable Services et al., 318 F.Supp.2d 1055 (D.Colo. 2004); Medina v. Conseco Annuity Assurance Co., 121 P.2d 345 (Colo. App. 2005); Fabjancic v. Union Central Life Insurance Co., 2006 WL 2406268 (D.Colo.); Sierra v. Stonebridge Life Ins. Co., 2013 WL 5323083 (D. Colo. 2013); Romero v. Reiman Corp., 2012 WL 9385475, (D.Wyo. 2012).
Jim Gigax is a Life Member of the MILLION DOLLAR ADVOCATES FORUM®, which is one the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. There are over 3000 members throughout the country.
Jim Gigax, with more than two decades representing insurers and policy holders, brings this experience to policy holders to obtain the benefit of the policy for which they paid their hard-earned dollars. An informed plan to maximize coverage and enforcement prospects is absolutely critical to any person’s financial security. Retaining seasoned, qualified, un-biased counsel to assist you in your insurance issue is critical to preserving your rights under your policy. Jim entered the insurance field in 1986, when he was General Counsel to Rocky Mountain Life Insurance Company, and Associate General Counsel to Blue Cross and Blue Shield of Colorado. He re-entered private practice in 1988.
*The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise.