Opinion
23SC333
02-26-2024
Marcus A. Fear, Petitioner v. GEICO Casualty Company Respondent
Court of Appeals Case No. 21CA2023
GRANTED PETITIONS FOR WRIT OF CERTIORARI
Petition for Writ of Certiorari GRANTED.
Whether it is reasonable as a matter of law for an uninsured/underinsured motorist ("UIM") insurance carrier to refuse to pay non-economic damages because such damages are "inherently subjective" and because the insurer attempted to negotiate a full and final settlement of the insured's claim.
Whether an insurer's internal settlement evaluation is admissible as evidence of undisputed "benefits owed" under Fisher v. State Farm Mutual Auto Ins. Co., 2018 CO 39, 418 P.3d 501.