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· 11/10/2010

Sanderson v. American Family Mutual Insurance Co.

Citations

  • 251 P.3d 1213
  • 2010 Colo. App. LEXIS 1665
  • 2010 WL 4492375

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that “resort to a judicial forum does not necessarily evince bad faith or unfair dealing, regardless of the outcome of the proceeding”
  • stating that, where “an insurer maintains a mistaken belief that a claim is not compensable, it may still be within the scope of permissible challenge”
  • noting that the adversarial nature of a lawsuit “may suspend the insurer’s obligation to negotiate as a reflection of good faith”
  • stating that “[t]he reasonableness of the insurer’s conduct must be determined objectively”
  • affirming summary judgment for the insurer as a matter of law because the insured failed to show that a reasonable jury could have found that the insurer acted in bad faith
  • noting that, even under common law, finding that a claim was fairly debatable “is not a threshold inquiry that is outcome determinative as a matter of law, nor is it both the beginning and the end of the analysis in a bad faith case”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gabriel, Roy, Hawthorne

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.