Litigating the Deemer Statute

 
 
November 2011
 
Litigating the Deemer Statute - LIVE IN DENVER
 
Co-Sponsored by the CBA Litigation Section
 
Program Description:
 
This seminar discusses the insurance producer “deemer” statute, which can make a broker the representative of the insurance company in a coverage dispute between the insured and the insurance company in certain circumstances, and the potential application of and defenses to such use of the statute.
 
· Overview of Colorado's statutory “deemer” provision, C.R.S. § 10-2-401(1)
· Common roles of insurance brokers: for insureds, for insurers, and “dual agency”
· Impact of the statute:
¨ Coverage litigation
¨ Bad faith cases
· Particular issues:
¨ Hearsay or admissions against interest/ by party-opponent
¨ Extrinsic evidence of intent
¨ Construction of the policy against the “drafter”
¨ Records or absence of regularly kept records
¨ Does the statute create an agency relationship
· Practice aids:
¨ Motions in limine
¨ Trial briefs
¨ Rule 56(h) motions
¨ Possible application and defenses
 
Presented by Kevin F. Amatuzio, Esq.
 
Agenda:
11:30 am - 12:00 pm Registration
12:00 pm - 1:00 pm Program
 
 
About the Faculty:
 
Kevin F. Amatuzio, Esq.
Montgomery, Kolodny, Amatuzio and Dusbabek, LLP
 
Kevin F. Amatuzio, Esq. is a partner at the Denver office of Montgomery, Kolodny, Amatuzio and Dusbabek, LLP specializing in insurance coverage litigation and bad faith defense. He has a BA (1980) and JD (1983) from the University of Denver. Mr. Amatuzio's coverage litigation practice has resulted in over 20 reported decisions. He has published in the area of insurance coverage litigation and has served as an expert witness on industry standards of care. Mr. Amatuzio is a peer-selected Colorado “Superlawyer” in insurance law and has taught various seminars in this practice area. Mr. Amatuzio is a past president of the Colorado Defense Lawyers Association and is state chair of the Association of Defense Trial Attorneys. He handles matters in Colorado, Wyoming, New Mexico, and other states and is regional coverage counsel for various insurance companies.
 

Location Information
CLECI Small Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
Get directions
Registration Fees
Non Member $69.00
CBA $59.00
LITIG $39.00
LITIG $29.00
  • General Credits: 1.00
  • Ethics Credits:
  • EDI Credits:

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Start Date - End Date
November 10, 2011
Start Time - End Time
12:00 PM - 1:00 PM
Event Location
CLECI Small Classroom
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