Chapter 10 - CHAPTER 10 OTHER LIABILITY ISSUES

• Jurisdiction: Colorado

Chapter 10 OTHER LIABILITY ISSUES

SYNOPSIS

§ 10.1 INSURER CANNOT BE LIABLE FOR BOTH NEGLIGENCE AND BAD FAITH

§ 10.2 NO PRIVATE RIGHT OF ACTION EXISTS FOR VIOLATION OF THE UNFAIR CLAIMS SETTLEMENT PRACTICES ACT

§ 10.3 BAD FAITH ISSUES ARISING OUT OF WORKERS' COMPENSATION CLAIMS

§ 10.4 COMMERCIAL SURETIES MAY BE SUBJECT TO BAD FAITH CLAIMS

§ 10.5 RELATIONSHIP BETWEEN BAD FAITH AND OTHER TORTS

§ 10.6 BAD FAITH ISSUES ARISING FROM CLAIMS UNDER THE FORMER NO-FAULT ACT

§ 10.6.1—Statutory Remedies Did Not Preempt Claims for Bad Faith
§ 10.6.2—Bad Faith and Willful and Wanton Conduct Under the No-Fault Act Were Not Identical
§ 10.6.3—PIP Claim Handling Practices That Led to Claims of Bad Faith
§ 10.6.4—Bad Faith Claims in Enhanced PIP Litigation

§ 10.7 BAD FAITH CLAIMS AGAINST A GOVERNMENTAL ENTITY ARE BARRED BY THE COLORADO GOVERNMENTAL IMMUNITY ACT (CGIA)

§ 10.8 INSURER'S DUTY OF GOOD FAITH TO SUPERVISE REPAIR CONTRACTORS AND COMMUNICATE WITH INSURED

§ 10.9 BAD FAITH CLAIM NOT NECESSARILY BARRED BY INSURED'S FAILURE TO COMPLY WITH "NO ACTION" CLAUSE

§ 10.10 AN INSURER'S POTENTIAL LIABILITY FOR SPOLIATION OF EVIDENCE

§ 10.11 EXCESS CARRIER MUST...