Legal Opinion
Giampapa v. American Family Mutual Insurance Co.
Supreme Court of Colorado
Decided February 24, 2003No. 00SC468PublishedCited by 58 opinions
1Opinion of the CourtChief Justice Mullarkey
I. INTRODUCTION
This case clarifies the availability of non-economic damages when an insurer has will*234fully and wantonly breached its insurance contract.
When an insurer has wrongfully refused to pay benefits to an insured, the insured may, under certain circumstances, seek remedies under contract law, tort law, and the Colorado Auto Accident Reparations Act (“No Fault Act” or “Act”). §§ 10-4-701 et seq., 3 C.R.S. (2002). In this case, Gioacchi-no (Jack) Giampapa filed all three types of actions against the American Family Mutual Insurance Company and a jury awarded Giampapa damages under all…
2Cases cited42 opinions
- People v. District Court, Second Judicial DistrictSupreme Court of Colorado · 1986
- Kewin v. Massachusetts Mutual Life Insurance CompanyMichigan Supreme Court · 1980
- State v. NietoSupreme Court of Colorado · 2000
- Erlich v. MenezesCalifornia Supreme Court · 1999
- Town of Alma v. AZCO Construction, Inc.Supreme Court of Colorado · 2000
37 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Cummings v. Premier Rehab KellerSupreme Court of the United States · 2022
- Spring Creek Exploration & Prod. Co. v. Hess Bakken Inv., II, LLCCourt of Appeals for the Tenth Circuit · 2018
- Cyprus Amax Minerals Co. v. Lexington Insurance Co.Supreme Court of Colorado · 2003
- American Family Mutual Insurance Co. v. AllenSupreme Court of Colorado · 2004
- Hamon Contractors, Inc. v. Carter & Burgess, Inc.Colorado Court of Appeals · 2009
53 more not listed; retrieve them via the Exa API.