Insurance Coverage Class Action

Colorado Revised Statute 10-4-710 required insurance carriers to offer optional and extended PIP benefits to all consumers in the State of Colorado at the time of selling a standard or basic Personal Injury Protection Policy starting in 1994. Subsequently, Colorado Appellate Court decisions ruled that failure to offer the extended Personal Injury Protection benefit at the time of sale would result in the insurance company being required to provide for the optional extended PIP benefit of an additional $100,000 in coverage irrespective of whether the insured did or did not request the coverage since it was never offered by the insurer at the time of sale. Following decisions that affect, The Law Office of Samuel G. Livingston filed a class action Complaint seeking equitable reformation of all American Family Insurance policies issued between 1994 and 2002 given facts learned during discovery in other cases that the American Family underwriting department had failed to include the optional coverage in any of its policies of insurance which were offered for sale in the State of Colorado.

Shortly before the filing of the class action lawsuit, which involved over 17,000 claimants who had failed to receive additional personal injury protection benefits, American Family entered into its own purported "voluntary reformation program" claiming that it would voluntarily reform all of its policies and provide appropriate notice to all consumers affected by the change providing additional coverage. In November 2005, a Boulder County District Court certified the class action lawsuit and ruled that the notice provided by American Family's "voluntary reformation" process was grossly inadequate and would require court supervision per the class action lawsuit initiated by The Law Office of Samuel G. Livingston. As reported by The Rocky Mountain News on November 4, 2005 "a Boulder District Court judge has ordered one of Colorado's largest auto insurers to reopen as many as 17,000 medical and wage loss cases - nine years' worth of claims that could be entitled to additional payments of up to $100,000...Judge Morris Sandstead ruled Wednesday that a 'voluntary reformation' process initiated by American Family gave inadequate notice to Colorado policy holders. In essence, he ordered American Family to start over a claims and notification process that already has resulted in $3.5 million in additional payments to 530 Colorado policy holders..."