Skillett v. Allstate Fire and Casualty Insurance Co.

2022 CO 12. No. 21SA187. C.A.R. 21.1—Certified Questions of State Law—Insurance—Companies and Persons Liable—Statutory Bad Faith.

March 14, 2022

The Supreme Court accepted jurisdiction under C.A.R. 21.1 to answer a certified question of law from the US District Court for the District of Colorado to decide whether an action for unreasonably delayed or denied insurance benefits under CRS §§ 10-3-1115 to -1116 may proceed against an individual claims adjuster. (Compare Riccatone v. Colorado Choice Health Plans, 2013 COA 133, with Seiwald v. Allstate Property and Casualty Insurance Co., No. 20-cv-00464-PAB, 2020 WL 6946563 (D.Colo. 2020)). The Court concluded that, given the plain language of CRS §§ 10-3-1115 to -1116—read in context and in their entirety—an action for unreasonably delayed or denied insurance benefits proceeds against an insurer, not an individual adjuster. Accordingly, the Court answered the certified question in the negative and returned the case to the district court for further proceedings.