Pretrial Bashor Agreements after Nunn - What Now
March 2012
Pretrial Bashor Agreements After Nunn - What Now - LIVE IN DENVER
Co-Sponsored by the CBA Litigation Section
Program Description:
The Colorado Supreme Court in Nunn v. Mid-Century Insurance Co. concluded that in some circumstances a pretrial Bashor agreement with a stipulated judgment can serve as a basis for an award of damages in an action against an insurer for bad faith breach of contract. The Court's opinion answered one question but raises others. This program will address those unanswered questions, the circumstances in which counsel for a plaintiff and a defendant might consider entering into a Bashor agreement, the nuts and bolts of the agreement, and the challenges counsel for the insurer might raise to defeat the agreement.
Presented by Hon. Steve Briggs; Michael J. Rosenberg, Esq.; and, Jon F. Sands, Esq.
Agenda:
11:30 am - 12:00 pm Registration (Lunch Provided)
12:00 pm - 1:00 pm Program
About the Faculty:
Hon. Steve Briggs
Judicial Arbiter Group, Inc.
Steve Briggs is a former judge on the Colorado Court of Appeals, who joined the Judicial Arbiter Group in 2000. For more than a decade his work has included mediation, arbitration, and appellate case consultation. Outside of JAG, Steve continues to present continuing legal education programs and to write on legal topics, including his article in the July 2011 Colorado Lawyer, “Pretrial Bashor Agreements after Nunn v. Mid-Century.” He has served as arbitrator in Bashor damages hearings. Steve has remained active in bar work, including his service as President of the Colorado Bar Association. He is currently Chair of the State Commission on Judicial Performance. Steve has received the Distinguished Alumni Award from C.U. Law School for his work as a judge and in ADR, and he is a charter member of the Colorado Chapter of the National Academy of Distinguished Neutrals. He is the CBA Representative on the Colorado Reform Roundtable, an alliance of organizations seeking to address Colorado's fiscal and constitutional crises. He also serves on the Board of the Colorado Judicial Institute and the Advisory Board of Colorado's Future.
Michael J. Rosenberg, Esq.
ROBERTS | LEVIN | ROSENBERG
Michael J. Rosenberg is the managing shareholder for the Denver law firm of ROBERTS | LEVIN | ROSENBERG, where he specializes in the areas of insurance coverage, bad faith, and catastrophic personal injury. Mr. Rosenberg is a 1996 graduate of the University of Denver College of Law, where he served as the articles editor of the Law Review, was selected to the American Bar Association Trial Team, and graduated in the top 5 percent of his class. After graduation, Mr. Rosenberg served as law clerk to the Honorable Steven C. Briggs of the Colorado Court of Appeals.
Prior to Joining ROBERTS | LEVIN | ROSENBERG, Mr. Rosenberg spent approximately four years representing insurance companies and their insureds, as well as fidelity and surety companies, in a wide variety of claims, including professional liability, products liability, catastrophic injury, insurance coverage, and bad faith.
Mr. Rosenberg now dedicates the bulk of his practice to representing policyholders, both corporate and individual, in disputes with their insurers. Through his previous experience counseling insurance companies and defending them in litigation, both locally and abroad, Mr. Rosenberg has developed an understanding and knowledge of the insurance industry in general, and of the inner workings of numerous insurance companies in particular. This knowledge has proven invaluable in Mr. Rosenberg's insurance recovery practice and, indeed, has helped him recover tens of millions of dollars in jury verdicts and settlements on behalf of his clients in cases where, prior to retaining him, they had been offered nothing for their claims.
Mr. Rosenberg is on the board of directors of the Colorado Trial Lawyers Association, co-chairs the organization's Bad Faith Committee, and also serves on its Amicus Committee. Mr. Rosenberg has several published appellate court decisions to his credit, lectures regularly on the topics of insurance coverage and bad faith in CLE programs approved for credit by the Colorado Supreme Court, and has been found qualified to testify as an expert witness at trial in these same areas. Mr. Rosenberg carries Martindale-Hubbell's highest peer rating, AV, and has been selected for inclusion in “Best Lawyers in America” and “Colorado Super Lawyers” for several years running.
Jon F. Sands, Esq.
Sweetbaum Sands Anderson PC
Mr. Sands received a B.S. from the University of Colorado (with honors) and a J.D. from the University of Colorado School of Law (1980). Mr. Sands practices in the firm's litigation department, specializing in insurance defense, bad faith defense, commercial and title insurance coverage, construction defect matters, title insurance defense, and real estate litigation. He has been lead trial counsel in numerous jury and bench trials throughout the state of Colorado, and also teaches courses on insurance law and trial presentation. He also has an extensive appellate practice. He is currently a member of the Colorado Bar Association's Litigation Section Council. Mr. Sands has published articles in The Colorado Lawyer. He has been selected for inclusion in “The Best Lawyers in America” for 2007, 2008, 2009, 2010 and 2011 for his excellent work in the insurance practice area. He is included in the U.S. News and World Report Best Lawyers editions for 2010 and 2011. He also has been selected for inclusion in “Super Lawyers” by Law and Politics magazine since its inception in 2006, indicating he is amongst the top 5% of attorneys as voted by his peers. Mr. Sands has also been selected by his peers as one of the top 50 trial attorneys in Colorado for 2010. He is a frequent lecturer for continuing education courses involving insurance bad faith, real estate litigation, and general litigation. Mr. Sands is a past president of the board of directors of the Denver Dumb Friends League and is also past president of the board of trustees of the Animal Assistance Foundation, a $20 million foundation headquartered in Denver. He currently serves on the board of directors of the Colorado Humane Society.
Location Information
CLECI Large Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
Get directions
1900 Grant Street, Suite 300
Denver, CO 80203
Registration Fees
Non Member | $69.00 |
Non Member | $49.00 |
LITIG | $39.00 |
- General Credits: 1.00
- Ethics Credits:
- EDI Credits:
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