Burgess v. Mid-Century Ins. Co.

Decision Date23 April 1992
Citation841 P.2d 325
Docket Number91CA0002
PartiesDoris BURGESS, Plaintiff-Appellee and Cross-Appellant, v.INSURANCE COMPANY, Defendant-Appellant and Cross-Appellee. . I
CourtColorado Court of Appeals
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52 cases
  • Giampapa v. American Family Mut. Ins. Co.
    • United States
    • Colorado Supreme Court
    • February 24, 2003
    ...or in disregard of a plaintiff's rights." Dale v. Guaranty Nat'l Ins. Co., 948 P.2d 545, 551 (Colo.1997); Burgess v. Mid-Century Ins. Co., 841 P.2d 325, 329 (Colo. App.1992). 5. We take note that Giampapa contracted and paid for a "deluxe" PIP plan that provided benefits for medical care pr......
  • Scholle v. Ehrichs
    • United States
    • Colorado Court of Appeals
    • July 28, 2022
    ...has been presented upon which a jury's verdict against the moving party should be sustained." Id. (quoting Burgess v. Mid-Century Ins. Co. , 841 P.2d 325, 328 (Colo. App. 1992) ). ¶ 21 "Like the [trial] court, we must consider all the facts in the light most favorable to the nonmoving party......
  • Breaux v. American Family Mut. Ins. Co.
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • January 6, 2009
    ...knew that its conduct was unreasonable or recklessly disregarded the fact that its conduct was unreasonable." Burgess v. Mid-Century Ins. Co., 841 P.2d 325, 328 (Colo.Ct.App.1992) (citing Travelers Ins. Co. v. Savio, 706 P.2d 1258 (Colo.1985)). The analysis centers on the insurer's conduct,......
  • Scholle v. Ehrichs
    • United States
    • Colorado Court of Appeals
    • July 28, 2022
    ...been presented upon which a jury’s verdict against the moving party should be sustained.’” Id. (quoting Burgess v. Mid-Century Ins. Co., 841 P.2d 325, 328 (Colo. App. 1992)). ¶ 21 “Like the [trial] court, we must consider all the facts in the light most favorable to the nonmoving party and ......
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1 books & journal articles
  • Bad faith-bad news
    • United States
    • James Publishing Practical Law Books How Insurance Companies Settle Cases
    • May 1, 2021
    ...An insurance company’s failure to interview a treating physician can support a finding of bad faith. See Burgess v. Mid-Century Ins. Co. , 841 P.2d 325 (Colo. Ct. App. 1992), cert. denied . The insured in this case was involved in an accident and subsequently submitted claims for daily chir......

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