Brian Devilling Secures Summary Judgment for Insurer in Colorado Hail Damage Dispute

Foran Glennon partner Brian Devilling obtained a summary judgment from the U.S. District Court of Colorado on behalf of his insurer client in a case involving alleged property damage to a historic commercial building in Boulder, Colorado.

The plaintiff sought more than $1 million in damages for breach of contract and bad faith arising from a partial declination of coverage for alleged wind and hail damage on its restaurant property resulting from a storm that occurred in June 2018.

In the motion, the insurer argued that the plaintiff’s experts lacked the foundation to establish the date of the alleged damage and that the plaintiff failed to give prompt notice of its insurance claim as the restaurant owner did not provide notice of the insurance claim until May 2019.

The court granted the insurer’s motion on all counts, holding that the policy holder’s eleven-month delay in providing notice precluded coverage under the policy. The case marks the latest recognition by courts applying Colorado law that an insurer is not required to prove prejudice resulting from delayed notice.

Brian concentrates his practice in first-party property insurance disputes, general civil defense litigation and commercial litigation. With experience providing counsel in over thirty states, clients trust Brian to handle matters in insurance coverage, medical malpractice, medical devices, employment, product liability and construction.