Rose Marie Hall v. American Standard Insurance Company of Wisconsin, 2012COA201, (November 8, 2012)

“Are we there yet?” “Are we there yet?” In this case, addressing the finality of a trial court judgment, the court of appeals said “No!” Plaintiff brought a first-party claim against her insurance company under CRS 10-3-1116 for unreasonable delay or denial of payment and for bad faith breach of an insurance contract. The jury found for plaintiff and awarded damages on both counts. The statute, however, provides for two kinds of damages: 1) attorneys’ fees and costs, and 2) two times the covered benefit. Thus, attorneys’ fees are a component of damages. Until a final order on damages issues, no final judgment has entered. Without final judgment, the court of appeals lacks jurisdiction. The insurance company appealed judgment on liability before all claims had been resolved and before attorney fee damages had been ordered. Thus, the court dismissed the appeal.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/12CA0681-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8740&courtid=1

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Filed under Appellate Review Challenged, Insurance

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