The following cases illustrate some of the Perry Law P.C.’s Insurance Industry Group’s experience in handling claims litigation:


Case Summary

David Tucker v. Government Employees Insurance Company, No. 14-1192 D.C. No. 1:13-CV-01049 United States Court of Appeals Tenth Circuit. Lead counsel. This was a breach of contract dispute brought by the insured (Tucker) against his insurance carrier after his claim for underinsured motorist benefits (UIM) was denied due to an acting agent rejecting UIM coverage on his behalf. Tucker argued Colorado law required each insured to reject UIM coverage, therefore one named insured could not reject coverage for another insured. The carrier filed a motion for summary judgment arguing one named insured could reject coverage for other named insureds. The district court agreed with the carrier, granted its motion for summary judgment and dismissed the case. The insured appealed the district court’s order to the Tenth Circuit Court of Appeals.

Case Result

The summary judgment granted in favor of Defendant was affirmed by 10th Circuit Court of Appeals.


Case Summary

Melvyn Jaramillo and Debbie Jaramillo, No.6:10-cv-01905 JCH/LFG, U.S. District Court, District of New Mexico. Lead counsel. This is a putative class action brought by insureds who allege that the carrier failed to make a valid offer of UM/UIM coverage and that the UM/UIM coverage rejection forms utilized by the companies are improper. The federal district court granted summary judgment in favor of the client. The appeal of the district court’s order is before the Tenth Circuit Court of Appeals.

Case Result

Summary judgment granted in favor of Defendant. Affirmed on appeal by 10th Circuit Court of Appeals


Case Summary

Denise Reid, U.S. Court of Appeals for the Tenth Circuit, Case No. 06-1484. Lead counsel. Concerned the handling of PIP claims. Favorable ruling on appeal for the client, affirming district court’s summary judgment. Reid, 499 F.3d 1163 (10th Cir. 2007).

Case Result

Summary judgment affirmed on appeal


Case Summary

Debra Aumada, as next friend of Christopher Rogers and on behalf of all others similarly situated; Cause No. 99-1410-D, 105th Judicial District Court of Nueces County, Texas. Lead Counsel. This class action involved the carrier’s alleged improper utilization of with respect to the evaluation of damages for automobile claims. It also involved the auto insurer’s right to refuse insured’s consent to sue the third party claimants.

Case Result

Summary judgment for Defendant


Case Summary

Michelle L. Meadows and Garin Farmer, on behalf of themselves and all others similarly situated, Case No. 02-CV1989, District Court, Division 13, County of El Paso, Colorado. Lead counsel. This proposed class action was brought by insureds injured in motorcycle accidents seeking PIP coverage under their auto policies. Plaintiffs also sought to invalidate a UM exclusion in the auto policies.

Case Result

The Court granted Defendant’s motion to dismiss and denied Plaintiff’s motion for class certification