CTLA Names Keating Wagner among Case of the Year Finalists

The Colorado Trial Lawyers Association named its 2019 Case of the Year finalists this week including a Colorado Supreme Court case that Zach Warzel handled last year. CTLA will hand out the award for the Case of the Year at its annual awards dinner in May.

Zach was the initial trial attorney inGuaranty Life Insurance v. Estate of Casper, along with David Jones of Decker & Jones. He also assisted with the appeals.  On the appeal to the Colorado Supreme Court, Nelson Waneka handled the majority of the briefing as well as the oral argument. 

Michael Casper, Zach’s client, died nine days after a jury found in his favor in an insurance breach of contract, bad faith, and violation of CRS 10-3-1115 case.  The insurance company appealed, arguing that Mr. Casper’s verdict should be drastically reduced because of his death under Colorado’s “survival act.”

The Supreme Court found that the survival act applies per claim and that the “punitive” and “personal injury” damage limitations under the survival act do not apply to claims under Colorado law, CRS 10-3-1115.  While common law bad faith is a closer call under the “personal injury” damage limitation found in the survival act, the Court found it did not apply to this case because Mr. Casper had already obtained a verdict (“recovered” under the meaning of the survival statute) by the time he passed away.

As to punitive damages awarded by the jury, the Court found that they are governed by the “penalty” limitation of the survival statute and that the survival statute limits punitive damages only when “the person against whom such punitive damages … are claimed” has died.  Because the insurance company still existed, the limitation does not apply.  Finally, the Court found that attorney fees and costs under 10-3-1115 are “actual damages,” and not penalties, and can be included when calculating an award of punitive damages under the statutory cap on punitive damages.  The Court reversed the trial court’s nunc pro tunc entry of judgment because the actual damages of attorney fees had not yet been determined at the time of the verdict.

Learn more about CTLA’s annual award dinners, including this year’s other honorees here.

Share
Published by
Keating Wagner Law Firm

Recent Posts

Keating Wagner Polidori Free Announces Best Law Firms Recognition for 2025

Keating Wagner Polidori Free is proud to announce its recognition in the 2025 edition of…

4 weeks ago

Can I Sue a Hit and Run Driver in Colorado?

Being involved in a hit-and-run accident can be a traumatic and frustrating experience. Not only…

2 months ago

Business Litigation: How Do Disputes Impact the Pending Sale of a Business?

When acquiring a business in Colorado, the buyer can potentially inherit the seller's outstanding debts…

3 months ago

Colorado Business Trade Secrets Agreements: What to Know

Colorado has legislation known as the Uniform Trade Secrets Act (the “UTSA”) which provides a…

3 months ago

Keating Wagner Lawyers Awarded 2025 Best Lawyers Recognition

Keating Wagner Polidori Free once again proudly announces recognition from The Best Lawyers® in America…

4 months ago

Noncompete Agreements and Trade Secrets in Colorado in Light of Pending F.T.C. Rules

Nearly one in five U.S. workers have some sort of noncompete clause in connection with…

5 months ago