Kisselman v American Family Mutual Insurance Company

Kisselman v American Family - Colorado Court of Appeals


The court held that the "Statutes," C.R.S. 10-3-1115 and -1116, apply to the policyholder's allegations of American Family’s post-effective date acts of unreasonable delay or denial of payment of his claim for benefits. Accordingly, we reverse the district court’s order that sections 10-3-1115 and -1116 were “inapplicable” to the policyholder's case and remand with directions for the district court to permit the policyholder's statutory claim to go forward. On remand, the policyholder may assert his claim under sections 10-3-1115 and -1116, but it is necessarily limited and narrow: it applies only to post-effective date conduct of American Family, and specifically whether any such conduct unreasonably delayed or denied payment of a claim for benefits owed to or on behalf of the policyholder.

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Reference Info:Decision | | United States

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