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Mcfarland v. State Farm Fire And Casualty Co

BRIEF in Opposition to 37 MOTION to Dismiss Incorporating Legal Authority

52 Cited authorities

  1. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 61,666 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  2. Smith v. U.S.

    561 F.3d 1090 (10th Cir. 2009)   Cited 2,760 times
    Holding a Bivens action not barred by the IACA

  3. Albers v. Bd. of Cnty. Comm'rs of Jefferson Cnty.

    771 F.3d 697 (10th Cir. 2014)   Cited 216 times
    Holding that the district court did not abuse its discretion in denying leave to amend when the plaintiffs had not filed a motion to amend or a proposed amended complaint

  4. Brodeur v. American Home Assurance Co.

    169 P.3d 139 (Colo. 2007)   Cited 196 times
    Finding that plaintiff's bad faith tort claims accrued on the date his attorney stated that respondents were handling the claim in bad faith

  5. Vaccaro v. American Family Ins. Grp.

    275 P.3d 750 (Colo. App. 2012)   Cited 145 times   1 Legal Analyses
    Holding "course of conduct" may be a valid bad faith theory

  6. Compass Ins. Co. v. City of Littleton

    984 P.2d 606 (Colo. 1999)   Cited 186 times
    Holding that the relevant pollution event is "the release of pollutants from a containment area"

  7. Krombach v. Mayflower Insurance Co.

    827 S.W.2d 208 (Mo. 1992)   Cited 189 times
    Finding "where insurance policies are unambiguous, the rules of construction are inapplicable, and absent a public policy to the contrary, the policy will be enforced as written.

  8. Chacon v. American Family Mutual Ins. Co.

    788 P.2d 748 (Colo. 1990)   Cited 195 times
    Holding that an exclusion for the intentional acts of "any insured" precluded a negligent supervision claim despite a severability clause

  9. Travelers Indem. Co. v. Armstrong

    442 N.E.2d 349 (Ind. 1982)   Cited 208 times   2 Legal Analyses
    Affirming Roper

  10. Bailey v. Lincoln General Ins. Co.

    255 P.3d 1039 (Colo. 2011)   Cited 79 times
    Holding that no reasonable person would expect rental car insurance to cover felonious acts

  11. Section 10-3-1115 - Improper denial of claims - prohibited - definitions - severability

    Colo. Rev. Stat. § 10-3-1115   Cited 548 times   13 Legal Analyses
    Prohibiting insurers from unreasonably denying or delaying payment for benefits owed to a first-party claimant

  12. Section 10-3-1116 - Remedies for unreasonable delay or denial of benefits - required contract provision - frivolous actions - severability - definition - rules

    Colo. Rev. Stat. § 10-3-1116   Cited 319 times   7 Legal Analyses
    Stating that a first-party claimant "may bring an action in district court to recover reasonable attorney fees and court costs and two times the covered benefit"

  13. Section 13-80-108 - When a cause of action accrues

    Colo. Rev. Stat. § 13-80-108   Cited 206 times   3 Legal Analyses
    Explaining when a cause of action accrues for bodily injury arising out of the use of a motor vehicle

  14. Section 3901.21 - Unfair and deceptive acts or practices in business of insurance defined

    Ohio Rev. Code § 3901.21   Cited 28 times   1 Legal Analyses

    The following are hereby defined as unfair and deceptive acts or practices in the business of insurance: (A) Making, issuing, circulating, or causing or permitting to be made, issued, or circulated, or preparing with intent to so use, any estimate, illustration, circular, or statement misrepresenting the terms of any policy issued or to be issued or the benefits or advantages promised thereby or the dividends or share of the surplus to be received thereon, or making any false or misleading statements

  15. Section 10-4-111 - Summary disclosure forms required

    Colo. Rev. Stat. § 10-4-111   Cited 8 times

    (1) Every insurer issuing policies of dwelling fire insurance, homeowner's insurance, or automobile insurance subject to the provisions of part 6 of this article shall, as a condition of doing business in this state, have on file for public inspection at the division a summary disclosure form that contains a simple explanation of the major coverages and exclusions of such policies of insurance together with a recitation of general factors considered in cancellation, nonrenewal, and increase in premium

  16. Section 4726 - Power of Commissioner; enforcement

    Vt. Stat. tit. 8 § 4726   Cited 3 times

    (a) The Commissioner shall have the power to examine and investigate any person engaged in the business of insurance in this State in order to determine whether that person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice. (b) Any person violating any of the provisions of this chapter may be subject to an administrative penalty of not more than $1,000.00 for each violation. The Commissioner may impose an administrative penalty of not more than

  17. Section 3929.86 - Fire loss claims

    Ohio Rev. Code § 3929.86   Cited 2 times

    (A) No insurance company doing business in this state shall pay a claim of a named insured for fire damage to a structure located within a municipal corporation or township in this state where the amount recoverable for the fire loss to the structure under all policies exceeds five thousand dollars, unless the company is furnished with a certificate pursuant to division (B) of this section, and unless there is compliance with the procedures set forth in divisions (C) and (D) of this section. (B)

  18. Section 3939.01 - Organizing mutual protective associations

    Ohio Rev. Code § 3939.01

    (A) Any number of persons of lawful age, not less than ten in number, owning insurable property in this state, may associate themselves together for the purpose of insuring each other against the risk of direct physical loss or damage to property in this state, including theft of property in this state, except loss or damage to motor vehicles caused by collision. Any association organized under this section shall file with the department of insurance all policy forms currently in use by the association

  19. Section 18 - Charges for examinations, applications, reviews, and investigations

    Vt. Stat. tit. 8 § 18

    (a) Every person subject to regulation by the Department shall pay the Department the reasonable costs of any examination, review, or investigation that is conducted or caused to be conducted by the Department of such person, or of any application or filing made by such person, or of any examination, review, or investigation of any order, decision, or certificate issued by the Commissioner, at a rate to be determined by the Commissioner. The Department may retain experts or other persons who are

  20. Section 2695.9 - Additional Standards Applicable to First Party Residential and Commercial Property Insurance Policies

    Cal. Code Regs. tit. 10 § 2695.9   Cited 27 times   2 Legal Analyses
    Providing that "separate legal proceedings on issues unrelated to the appraisal process" are not precluded