Etherton v. Owners Insurance Company
Court of Appeals for the Tenth Circuit
1Opinion of the Court
MATHESON, Circuit Judge.
I. INTRODUCTION
On December 19, 2007, a driver rear-ended Donald Etherton’s vehicle. The collision injured Mr. Etherton’s back. He filed a claim with his insurer, Owners Insurance Company (“Owners”), seeking uninsured or underinsured motorist coverage up to his policy limit. After months of back and forth, Owners offered to pay an amount significantly lower than the policy limit. Mr. Etherton sued, alleging claims for (1) breach of contract and (2) unreasonable delay or denial of a claim for benefits under Colo. Rev. Stat. §§ 10-3-1115 and - 1116.
A jury found in Mr.…
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