News and Events
DRI ANNUAL MEETING
This flagship program on the law of
insurance coverage, presented by the Insurance Law Committee
of the Defense Research Institute, is chaired this year by
Zupkus & Angell shareholder, Rick Angell. Use the link to
visit the seminar website and register for the program.
http://www.dri.org/DRI/open/CLE.aspx?sem=20080140
JUDGE
VACATES JURY VERDICT
Zupkus and Angell, P.C. ultimately prevailed in obtaining a
judgment in favor of its client, an insurance carrier, in a
case that was tried from April 6, 2008-April 17, 2008 in
Denver District Court. Robert Zupkus and Natalie Lucas were
Zupkus & Angell’s trial attorneys.
The plaintiff in the case was involved in an auto accident
on January 25, 2004, and made a claim for MedPay and UM/UIM
benefits. The carrier denied the claim because the
plaintiff's auto was improperly listed on a Commercial Auto
Policy issued to a company owned by plaintiff's boyfriend.
The carrier asserted that the plaintiff's auto was titled
only to the plaintiff, and MedPay and UM/UIM benefits were
provided only to autos owned by the named insured company.
The plaintiff sued the carrier for breach of insurance
contract, bad faith, and punitive damages. Plaintiff's
settlement demand prior to trial was $ 3 million. The jury
returned a gross verdict in favor of plaintiff for $500,000.
The jury did not award bad faith or punitive damages. The
judge reduced the verdict to a net amount of $332,000,
subtracting the off-sets plaintiff received from previous
settlements and the percentage of plaintiff’s concurrent
injuries.
Zupkus and Angell filed a Motion for Judgment
Notwithstanding the Verdict. The judge granted the motion on
July 28, 2008, and vacated the jury verdict in favor of
plaintiff. The judge entered judgment in favor of the
carrier and against the plaintiff. The judge found that the
policy terms, requiring the auto to be owned by the named
insured company, did not provide coverage for the plaintiff,
and thus reasonable men could not reach the same conclusion
as the jury.
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ZUPKUS &
ANGELL PREVAILS AT TRIAL
Robert Zupkus and Natalie Lucas successfully defended an
insurance carrier sued for property damage, business
interruption and bad faith breach of contract. Water from a
leaking roof damaged a building interior and allegedly
disrupted substantial business operations. The case was
tried in Colorado Springs, Colorado May 13 – 29, 2008 to a
jury. The plaintiffs included a corporate business entity
and the two individual owners of the company. One of the
individuals owned the subject building and leased it to the
corporation. The plaintiffs’ settlement demand before trial
was $9.5 million. At trial, while the jury was out, the
settlement demand dropped to $3 million. Plaintiffs claimed
property damage of $800,000, business interruption of $1.6
million and economic bad faith damages of approximately $10
million to the business. They also sought punitive damages
and treble damages plus attorney fees under the Colorado
Consumer Protection Act (CCPA). The individual plaintiffs
also sought economic and non-economic damages. On directed
verdict the court dismissed the CCPA, the $1.6 million
business interruption and the economic damage claims of the
individuals. All other matters went to the jury which
returned a complete defense verdict based upon the
affirmative defense of claim misrepresentation.
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ROBERT ZUPKUS TO CHAIR 30,000 MEMBER
ABA DIVISION
In August of 2008 Robert Zupkus will become Chair of the
General Practice, Solo & Small Firm Division of the American
Bar Association. The Division has approximately 30,000
members. Bob also serves as Chair of the ABA's Standing
Committee on Membership.
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SUPER LAWYER
Robert Zupkus has been designated a 2008 Super Lawyer in
Insurance for the third year in a row.
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CHRISTINA DIXON WILL SPEAK ON AUGUST 9TH IN NEW YORK
CITY
As a panel member of the ABA's Litigation Section,
Christina will speak on "Texts, Bytes & Video Clips:
Discovery & Trial in the Electronic Information Age."
The Litigation Section's program is part of the Annual
American Bar Association meeting.
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CHRISTINA DIXON TO CO-CHAIR TRIAL
EVIDENCE COMMITTEE
Christina Dixon will become Co-Chair of the American Bar
Association's Trial Evidence Committee on August 1,
2008.
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RICHARD ANGELL AUTHORS APPLEMAN
CHAPTER
Richard Angell, Managing Partner, authored "Researching
Insurance Coverage" Appleman Insurance Law Practice
Guide 2008.
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RICHARD ANGELL SPEAKS AT CDL
SEMINAR
"Contracts and Torts, Insurance Analysis at the Edges"
was the topic presented by Rick Angell at the August
2007 Colorado Defense Lawyers Association Seminar in
Snowmass, Colorado.
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RICHARD ANGELL APPOINTED PROGRAM
CHAIR OF THE INSURANCE LAW COMMITTEE AND REGIONAL EDITOR
OF CGL REPORTER
Richard Angell was appointed 2008 Program Chair,
Insurance Law Committee, Insurance Coverage and Practice
Institute (ICPI) and 2008-2009 Regional Editor of the
CGL Reporter published by the International Risk
Management Institute, Inc. (IRMI).
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CHRISTINA DIXON
SELECTED
Christina Dixon, Senior Counsel, was selected in January
2008 as the Sam Cary Bar Association liaison to the National
Bar Association.
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DEREK BLASS
RE-ELECTED
Derek Blass, an Associate with Zupkus & Angell, P. C., has
been re-elected to the Denver Mayor’s Latino Advisory
Commission for 2008. Derek speaks Spanish and is active in
the Denver Hispanic community.
Derek has also has been elected to the Denver County
Department of Human Rights and Community Relations’ Advisory
Board for 2008.
ZUPKUS
& ANGELL WINS TWO SIGNIFICANT VICTORIES FOR ITS CLIENTS
In
the month of June 2006, Zupkus & Angell obtained two significant
victories for its clients: we obtained summary judgment
in a construction defect case in which the demand against
our client exceeded $2 million; we also obtained a dismissal
of a $9 million case against a client in another construction
defect lawsuit.
ROBERT
ZUPKUS PRESENTS AT CYBER CRIME SYMPOSIUM
Robert
Zupkus, a partner in the insurance defense and employment
law firm Zupkus & Angell, P.C., recently presented at
the Insurance Women of Denver's Cyber Crime Symposium.
His presentation, E-Business Coverage, detailed what insurance
is needed to protect companies against cyber crimes prevalent
in today's business environment.
"Businesses of all sorts are faced with myriad technology
challenges on a daily basis including potentially devastating
Internet crime, " Zupkus said. "Traditional insurance
doesn't cover these kinds of 21st century losses. Companies,
and those who insure them, need to take the necessary
precautions."
According to the National Association of Insurance Women
International, it is estimated that cyber crime could
add up to more than $200 billion in economic losses, especially
when collateral damages are considered. Zupkus' presentation
outlined the various types of traditional insurance coverage,
how each matches up in covering a specific result of cyber
crime and what companies should look for in order to be
adequately covered.
RICHARD ANGELL
PRESENTS AT INSURANCE COVERAGE LITIGATION MEETING
Richard
Angell, a partner in the insurance defense and employment
law firm of Zupkus & Angell, P.C., recently presented
at the 12th Annual Insurance Coverage Litigation Committee
Meeting in Santa Monica, Calif. Angell, in his roll as
facilitator, focused his comments on Fortuity and Loss
in Progress, a central principal in the notion of risk
sharing through insurance.
The Insurance Coverage Litigation Committee is under the
Tort Trial & Insurance Practice Section of the American
Bar Association. Its recent conference reflected the committee's
goal of providing members up-to-date information on pertinent
insurance coverage topics.
ROBERT A ZUPKUS
NAMED AS ABA SECTION DIRECTOR
Robert
Zupkus, a recognized expert in insurance defense, has
been appointed as the director of Division One, Administration,
of the General Practice, Solo and Small Firm Section of
the American Bar Association.
"This recognition adds to an already impressive list of
honors and appointments for Bob," said Richard Angell,
partner in Zupkus & Angell. "It is a testament to Bob's
legal expertise and ongoing commitment to the legal profession,
as well as the great reputation he has as an attorney."
As director of the Section division, one of the fastest
growing parts of the American Bar Association representing
more than 22,000 members throughout the United States
and Canada, Zupkus will supervise almost 20 committees
that provide information and networking opportunities
for Section members, while ensuring that the Section carries
out its mission. Zupkus was appointed as director for
one year. Bob also serves on the Council of the Section
and is a member of the Steering Committee.
According to incoming Section Chair, William T. Hogan
III, "Our Section's committee leaders and members provide
the backbone of the General Practice, Solo and Small Firm
Section as reflected in our many programs, publications,
and periodicals. As director of Division One, Administration,
Bob will serve an important role in the Section, and his
appointment is a tribute to the leadership he has shown
among the nation's lawyers."
ROBERT A ZUPKUS
APPOINTED TO IADC TASK FORCE
Robert
Zupkus, a recognized expert in insurance defense, recently
was named to the International Association of Defense
Counsel (IADC) Audit Committee, which helps refine the
Association's finances, goals and direction.
"This appointment is a prime example of the national respect
Bob has among the legal community, especially when viewed
with his recent accolades from the American Bar Association,"
said Brad Shefrin, partner in Zupkus & Angell.
According to Brad, the IADC membership comprises the world's
leading corporate and insurance attorneys. They are partners
in large and small law firms, senior counsel in corporate
law departments, and corporate and insurance executives.
"Bob's appointment to the audit committee serves as confirmation
of his national reputation and commitment to the legal
profession."
The IADC is the oldest and most prestigious international
organization of attorneys representing corporations and
insurers. Its activities benefit not only the approximately
2400 invitation-only, peer-reviewed members and their
clients through networking, education, and professional
opportunities, but also the civil justice system and the
legal profession. Moreover, the IADC takes a leadership
role in many areas of legal reform and professional development.
ZUPKUS & ANGELL
RECOGNIZED
FOR BEST LAW OFFICE WEB SITE
Law
Office Computing magazine recently named the web site
of Zupkus & Angell, P.C., a Denver-based nationally recognized
employment and insurance law firm, as the best web site,
in the small firm category.
Law Office Computing is a national magazine designed to
give lawyers a competitive edge through the use of technology.
According to Rick Angell, principal of Zupkus & Angell,
the publication recently conducted its 5th Annual Best
Law Office Web Site Contest to highlight firms whose use
of the Internet stands at the forefront of innovation
and value-added content.
"The Best Web Site award is a prestigious recognition
and speaks to the reputation Zupkus & Angell holds on
a national level as a legal practice dedicated to our
insurance and employment law clients as well as the law
profession overall," said Angell. "We believe it is important
to maintain constant contact with our clients to keep
them appraised of news within our firm as well as industry
news that could affect their business and our web site,
www.zalaw.com, is the embodiment of that commitment."
The web site provides an information avenue for Zupkus
& Angell. Clients can view articles the firm's attorneys
have recently published in legal trade publications, stay
abreast of news about the firm and read about presentations
by the attorneys to local and national groups.
Complete details of the award are available in the October/November
2003 issue of Law Office Computing.
RICHARD ANGELL
NAMED TO FACULTY OF
DRI'S INSURANCE COVERAGE AND CLAIMS INSTITUTE
Richard (Rick) Angell, a recognized expert in insurance
coverage analysis, has been appointed to the faculty for
Defense Research Institute's (DRI) Insurance Coverage
and Claims Institute seminar scheduled in April, 2004.
Angell will be responsible for chairing the Commercial
General Liability Coverage track of speakers at that seminar.
In addition, he will speak on the topic of personal and
advertising injury coverage at the Institute.
"The Insurance Coverage and Claims Institute is a prestigious
organization and it is an honor for Rick to share his
25 years of experience in commercial general liability
at the seminar," said Robert Zupkus, principal of Zupkus
& Angell. "Rick's invitation to chair a part of the seminar
is further proof of his strong reputation as an attorney
among the national legal community."
Angell has been active in assisting DRI in the accomplishment
of its mission to "enhance the knowledge and improve the
skills of defense lawyers" for the last eight years. He
has authored and edited numerous DRI publications, served
as chair of the Publications Committee of the Insurance
Law Committee, serves as a regional editor for "Covered
Events," published by the Insurance Law Committee to report
emerging law of importance in insurance coverage analysis
and has been a frequent speaker at DRI sponsored seminars.
DRI, headquartered in Chicago, was founded in 1960 to
provide education to the defense community, anticipate
and address issues germane to defense lawyers and the
civil justice system, promote appreciation of the role
of the defense lawyer and improve and preserve the civil
justice system.
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