LSW Attorneys Submit Amicus Brief, Favorable 4-3 Supreme Court Decision Follows

4-3 Colorado Supreme Court decision clarifies that first party homeowners insurance policies are subject to the notice-prejudice rule, so that insurance companies must demonstrate how such delays adversely affect their investigation and defense capabilities if a claim is filed after the notice provision period. Attorneys Robyn Levin, Brad Levin, and Nelson Waneka submitted an Amicus brief written on behalf of the Colorado Trial Lawyers Association putting forward a position the majority would ultimately agree with. The briefing supported claims brought by merits counsel – attorneys Katie Goodrich, Rodney Monheit, and David Roth – who represented the plaintiff-homeowners through each level of appeal.

In the Amicus, Levin Sitcoff Waneka challenged the notion that policyholders could be denied claims for minor delays in filing, thus advocating for fairness and protection for homeowners with their insurers. This is an exciting development for homeowners across the state, and an important consumer protection issue.

Read more about the decision along with additional comment from Robyn Levin in the story below.