Case Study: UM/UIM Claims 

DGS attorneys successfully challenged the appropriateness of class certification in a lawsuit brought by an insured of Farmers Insurance Exchange who alleged, on his own behalf and on behalf of a putative class of insureds, that Farmers had failed to pay the “inherent diminished value” of the insureds' damaged and repaired vehicles.  Our trial lawyers filed two separate motions to deny class certification, asserting that under Colorado law the existence of “inherent diminished value” required an individualized assessment for each putative class member.  We were successful in persuading the court to first deny certification of a damages class and to subsequently deny certification of an “equitable” class.