United Services Automobile Association; and State Farm Mutual Automobile Insurance Company, Petitioners:
v.
Anthony Wenzell. Respondent
No. 24SC372
Supreme Court of Colorado, En Banc
March 10, 2025
Court of Appeals Case No. 23CA1327
Petition for Writ of Certiorari GRANTED.
Whether the restrictions from section 10-3-1118, C.R.S. (2024), which solely govern "a failure-to-cooperate defense" arising from an insured's failure to provide "the information the [first-party] insurer seeks," section 10-3-1118(1)(a), may extend to other, dissimilar defenses arising from neither (i) the insurance contract's cooperation provision nor (ii) an insurer's request for information directly from the insured.
Whether the court of appeals' nullification of all exhaustion provisions in excess underinsured-motorist policies conflicts with this court's principle that underlying insurance "must first be exhausted" before excess insurance responds. Public Service Co. of Colorado v. Wallis & Cos., 986 P.2d 924, 941 (Colo. 1999).
Whether the court of appeals erred in conflating the specific contract duty to "provide written authorization for [petitioner] to obtain: (a) medical bills; (b) medical records; (c) wage, salary, and employment information; and (d) any other information we deem necessary to substantiate the claim," with the general duty to cooperate.
DENIED AS TO ALL OTHER ISSUES.
JUSTICE HART does not participate.