16 Cited authorities

Chevron Oil Co. v. Huson
404 U.S. 97 (1971) Cited 1,830 times 8 Legal Analyses
Holding that prospectivity is appropriate where we overrule past precedent "on which litigants may have relied"
United States v. Security Industrial Bank
459 U.S. 70 (1982) Cited 592 times
Holding that however “rational the exercise of the bankruptcy power may be, that inquiry is quite separate from the question whether the enactment takes property within the prohibition of the Fifth Amendment”
Clark v. State Farm Mut. Auto. Ins. Co.
319 F.3d 1234 (10th Cir. 2003) Cited 115 times
Holding that "[t]he fact that the insured may be entitled to obtain a reformation of the policy does not impose any obligation upon the insurer to conform to such `reformed' policy before a court has made such reformation"
Brennan v. Farmers Alliance Mut. Ins. Co.
961 P.2d 550 (Colo. App. 1998) Cited 98 times 1 Legal Analyses
Holding insurance company "was not obligated to pay the additional PIP benefits until the policy was reformed"
People, Int. of C.A.K
652 P.2d 603 (Colo. 1982) Cited 125 times
Noting that a treatment plan, although complied with, may not be successful and that “[t]he fact that an individual fulfills the tasks and duties enumerated in the treatment plan does not mean that the individual will be able to meet his responsibilities as a parent”
Calderon v. Am. Family Mut. Ins. Co.
383 P.3d 676 (Colo. 2016) Cited 15 times
Holding that insurance policy was unenforceable to the extent that it purported to allow setoff for MedPay benefits
Personnel Dept. v. Professional Staff
297 F. App'x 773 (10th Cir. 2008) Cited 19 times 1 Legal Analyses
Holding that Noerr–Pennington can provide immunity from liability arising from a tortious interference claim
Barnett v. American Family Mutual Insurance Co.
843 P.2d 1302 (Colo. 1993) Cited 39 times
Holding that clause in insurance policy permitting setoffs for SSDI benefits was void in contravention of public policy
Calderon v. Am. Family Mut. Ins. Co.
409 P.3d 393 (Colo. App. 2014) Cited 3 times
Court of Appeals No. 13CA1185 05-22-2014 Arnold A. CALDERON, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Appellee. Franklin D. Azar & Associates, P.C., Tonya L. Melnichenko, Robert O. Fischel, Aurora, Colorado, for Plaintiff–Appellant Sutton Booker P.C., Debra K. Sutton, Jacquelyn S. Booker, Katie B. Johnson, Littleton, Colorado, for Defendant–Appellee White and Steele, P.C., Joel N. Varnell, Denver, Colorado, for Amicus Curiae Colorado Defense Lawyers Association
Marinez v. Industrial Claim Appeals Office
746 P.2d 552 (Colo. 1987) Cited 29 times
Applying the factors from the U.S. Supreme Court decision in Chevron Oil Co. v. Huson , 404 U.S. 97, 92 S.Ct. 349, 30 L.Ed.2d 296
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 338,603 times 162 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 10-4-609 - Insurance protection against uninsured motorists - applicability
Colo. Rev. Stat. § 10-4-609 Cited 151 times
Requiring an automobile liability insurance policy to include coverage for "damages from owners or operators of uninsured motor vehicles . . . except that the named insured may reject such coverage in writing"

Mischek v. State Farm Mutual Automobile Insurance Company

16 Cited authorities

Holding that prospectivity is appropriate where we overrule past precedent "on which litigants may have relied"

Holding that however “rational the exercise of the bankruptcy power may be, that inquiry is quite separate from the question whether the enactment takes property within the prohibition of the Fifth Amendment”

Holding that "[t]he fact that the insured may be entitled to obtain a reformation of the policy does not impose any obligation upon the insurer to conform to such `reformed' policy before a court has made such reformation"

Holding insurance company "was not obligated to pay the additional PIP benefits until the policy was reformed"

Noting that a treatment plan, although complied with, may not be successful and that “[t]he fact that an individual fulfills the tasks and duties enumerated in the treatment plan does not mean that the individual will be able to meet his responsibilities as a parent”

Holding that insurance policy was unenforceable to the extent that it purported to allow setoff for MedPay benefits

Holding that Noerr–Pennington can provide immunity from liability arising from a tortious interference claim

Holding that clause in insurance policy permitting setoffs for SSDI benefits was void in contravention of public policy

Applying the factors from the U.S. Supreme Court decision in Chevron Oil Co. v. Huson , 404 U.S. 97, 92 S.Ct. 349, 30 L.Ed.2d 296

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Requiring an automobile liability insurance policy to include coverage for "damages from owners or operators of uninsured motor vehicles . . . except that the named insured may reject such coverage in writing"