Guarantee Trust Life Ins. Co. v. Estate of Casper

Nine days after the jury returned its verdict, but before the trial court reduced that verdict to a written and signed judgment, Michael Casper died. Consequently, the defendant, Guarantee Trust Life Insurance Company (“GTL”), moved to substantially reduce the verdict, arguing that the survival statute barred certain damages under the policy that insured Casper. The trial court denied the motion, and the court of appeals affirmed. The Colorado Supreme Court granted GTL’s petition to review the court of appeals’ decision, and concluded that the survival statute did not limit the jury’s verdict in favor of Casper. The Court also concluded that an award of attorney fees and costs under section 10-3-1116(1) was a component of the “actual damages” of a successful claim under that section. Finally, the Court concluded that although the survival statute did not limit the damages awarded by the jury, the trial court abused its discretion by entering a final judgment on October 30, 2014, nunc pro tunc to July 15, 2014. View "Guarantee Trust Life Ins. Co. v. Estate of Casper" on Justia Law