Partners Craig Jacobson, Andrew Lavin, and Associate Abigail Kregor obtained dismissal from the District Court, Jefferson County, Colorado, based on a motion to dismiss.
The third-party plaintiff had alleged that Gordon & Rees' client, an insurance agent, failed to acquire reinstatement of an insurance policy after the underwriting company canceled for failure to pay premiums. The court agreed that based on the facts alleged in the complaint, even if there was a breach, given that the third-party was injured outside of the relevant policy period, any negligence, if any, could not be the basis of the claimed damages. The court also agreed that the complaint failed to allege a deceptive trade practice required for a Colorado Consumer Protection Act claim and that if there was any communication, it did not affect a large number of consumers.