Posted on January 22, 2007 by Mac Hester

Colorado "Caps" on Personal Injury Damages

  • Non-economic damages: $366,250 ($250,000 adjusted for inflation). But can be doubled if "clear and convincing evidence" shown. C.R.S. 13-21-102.5.
  • Punitive damages:  Not to exceed actual damages. C.R.S. 13-21-102.
  • Health care providers:  $1 million present value presumptive total, but may be exceeded for good cause shown if application of the cap is unfair; $300,000 for non-economic damages. C.R.S. 13-64-302.
  • Wrongful death: Economic damages not capped. Non-economic $341,250. C.R.S. 13-21-203.
  • Solatium for wrongful death:   $68,250. Economic damages not capped. C.R.S. 13-21-203.5.
  • Alcohol vendors, hosts:   $219,750. C.R.S. 12-47-801.
  • Ski areas:  $1 million present value; $250,000 non-economic. C.R.S. 33-44-113.
  • Government:  $150,000 per person; $600,000 per incident. C.R.S. 24-10-114.
  • Recreational lands:  $150,000 per person; $600,000 per incident. C.R.S. 33-41-103.
  • Construction professionals:  $250,000. C.R.S. 13-20-806.
  • Volunteers:  Applicable vehicle liability coverage. C.R.S. 13-21-115.5.
  • Reservoirs:  Must carry at least $50,000 per person and $500,000 per incident liability coverage (if so, then certain pesons are immunized). C.R.S. 37-87-104.
  • Damage caused by minor:  $3500. C.R.S. 12-21-107.

NOTE: This is only a summary of certain damage "caps"  and should not be solely relied upon. The applicable statutes must be reviewed carefully, as the statutes contain conditions, qualifications, and exceptions; e.g., the Governmental Immunity Act has a strict 180 day notice requirement that must be formally complied with.

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Posted on January 19, 2007 by Mac Hester

Allstate Scorched Earth Claim & Litigation Tactics

Allstate, over the past several years, has implemented scorched earth insurance claim and litigation tactics, which were developed in large measure by McKinsey & Company. McKinsy was inspired by military strategy and tactics, especially the strategy and tactics advocated by Colonel Boyd of the U.S. Air Force (e.g., "OODA Loop") which subsequently were adopted by the U.S. Marines and implemented in the first Gulf War ("shock and awe") and in the invasion of Iraq ("seize the initiative"; "change the game"). McKinsey decided to focus on "change the game" and Allstate adopted McKinsey's plan and implemented it as "The New Game: 'Good Hands to Boxing Gloves'". The adandonment of the good hands metaphor in favor of the boxing gloves metaphor illustrates Allstate's strategy of confrontation and combat and implementation of intimidation tactics that are designed to bludgeon claimants and claimant attorneys into submission by making pursuit of claims unpleasant, stressful, time consuming and financially, mentally and emotionally expensive and by making claims uneconomic; e.g., incentivizing claimant attorneys to decline "soft tissue" cases and/or settle them cheaply and forcing claimants to drop claims or settle them cheaply.

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