holding that the treble damages provision of Colorado's No-Fault Act did not abolish the common law tort of bad faith breach of insurance contract and that the treble damages provision was a cumulative remedy available to an aggrieved claimant
How later courts described this case
- holding that the treble damages provision of Colorado's No-Fault Act did not abolish the common law tort of bad faith breach of insurance contract and that the treble damages provision was a cumulative remedy available to an aggrieved claimant
- noting distinction between statutory civil penalty and exemplary damages, and concluding that provision of No-Fault Act that made treble damages award automatic once willful and wanton conduct was proved was simply a statutory civil penalty that could be established by preponderance of evidence
- holding that remedies under Colorado’s No-Fault Act are cumulative and do not preempt common law tort claims for bad faith breach of insurance contract
- relying on Griffin v. S. W. Devanney and Co., 775 P.2d 555, 559 (Colo.1989)
Written by the judges who cited it.
The opinion
Justice LOHR
concurring in part and dissenting in part:
I concur in parts II and III of the majority’s opinion. Because I believe that the plain language of section 10-4-708(1), 4A C.R.S. (1987 & 1990 Supp.), provides the exclusive remedy for the insured against the insurer who refuses to pay benefits in bad faith, I respectfully dissent from part I of the majority opinion.