Cases
Representative Cases: Evan Stephenson's practice focuses on insurance, commercial,
personal injury trials
appeals. In each of these areas, Evan has secured outst
ing results. Evan has been selected to Best Lawyers in America for insurance litigation,
Colorado Super Lawyers has named him a Rising Star since 2012. Evan is an elected member of the American Law Institute.
Auto-Owners v. Summit Park, Nos. 16-1348
16-1352 (10th Cir. 2018) - Won complete affirmance in the Tenth Circuit of l
mark rulings governing insurance appraisals. In two published opinions, the Tenth Circuit affirmed trial court rulings vacating an eight-figure appraisal award against the client, disqualifying for bias a national policyholder appraiser,
sanctioning the policyholder
its lawyers for misconduct in connection with the appraisal. Terence Ridley
Evan Stephenson argued the two appeals, respectively.
Travelers v. Stresscon, 2016 CO 22M - Won Colorado Supreme Court reversal of a unanimous court of appeals ruling in a case of national importance to the insurance industry. In its ruling for Travelers, the Court held that the notice-prejudice rule does not apply to no-voluntary-payment provisions in insurance policies. This was WTO's fifth consecutive, fully-argued victory before the Colorado Supreme Court in two-
-a-half years. Law360 named Stresscon one of the top five insurance rulings of 2016.
Phoenix v. Heska, 2017 WL 3190380 (D. Colo. 2017) - Won the first ever summary judgment order within the Tenth Circuit enforcing the client's Telephone Consumer Protection Act exclusions. The court ruled that the client owed no duty to defend an underlying class action as a matter of law.
Warne v. Hall, 2016 CO 50 - Assisted in winning a ruling from the Colorado Supreme Court requiring Colorado state courts to apply the Twombly pleading st
ard. WTO co-authored an amicus brief for the Colorado Civil Justice League urging the Court to adopt plausibility pleading in Colorado to discourage forum shopping
improve the Colorado justice system.
Auto-Owners v. Summit Park, 2016 WL 1321507 (D. Colo.) - Won order vacating a $10.87 million property insurance award
disqualifying a national property appraiser,
subsequently won sanctions against the policyholder
its lawyers,
won 99.7% of attorneys' fees
costs.
Snyder v. ACORD, 2016 WL 192270 (D. Colo.) - Successfully represented seven codefendants in a property insurance class action lawsuit in Colorado. Plaintiffs claimed they were systematically underinsured in a monumental conspiracy, in violation of federal RICO
antitrust laws,
involving virtually all property insurers in Colorado as well as industry trade groups. WTO served as liaison committee counsel,
the joint defense group ultimately won its motion to dismiss.
Allstate Ins. Co. v. Med. Lien Mgmt., Inc., 2015 CO 32 - In this groundbreaking decision, the Colorado Supreme Court reversed a ruling in the Colorado Court of Appeals against Allstate. The supreme court held that medical-lien companies' contracts purporting to assign to them a portion of a claimant's future injury settlement are not true assignments
cannot be enforced against liability insurers.
Burnham v. Allstate Indem. Co., No. 14-cv-32652 (Arapahoe Cnty. Dist. Ct. Colo. 2015) - Obtained a ruling that a breach of contract by the insurer is a prerequisite to asserting a bad faith claim
dismissing all claims because Allstate complied with its property-loss-appraisal procedure.
GK's Gym, Inc. v. Northl
Ins. Co., No. 14-cv-30621 (Larimer Cnty. Dist. Ct. Colo. 2014) - Won a motion to dismiss all claims, including for statutory penalties, for failure to state a claim. The Court ruled that WTO's insurance company client had correctly denied coverage for a sexual assault on the basis that it was not an occurrence under a general liability policy.
King v. Allstate Insurance Co., No. 11-cv-00103 (D. Colo. 2013) - Following a seven-day trial, the jury returned a complete defense verdict against a nationally renowned plaintiff's bad faith lawyer in a multimillion dollar excess judgment case. Before the King trial, WTO's opposing counsel had never lost a bad faith case. The jury returned with a defense verdict after deliberating for less than two hours.
Fann v. Hartford Underwriters Ins. Co., 2013 WL 3927664 (D. Colo. 2013) - In this insurance bad faith case, Evan orally argued several discovery motions seeking sanctions for the plaintiffs' discovery conduct. The Court ultimately agreed
imposed issue sanctions.
Franklin D. Azar & Associates, PC v. Ferguson (Denver Cnty. Dist. Ct. Colo. 2012) - Obtained ruling holding that the Azar firm's employment agreement impermissibly restricts the right of departing attorneys to practice law,
rejecting the Azar firm's claim that its playbook for litigating cases is a trade secret.
Allstate Ins. Co. v. von Metzger, 774 F. Supp. 2d 1157 (D. Colo. 2011) - Obtained summary judgment in favor of WTO's client based on an insurance policy's pollution
business exclusions.
Cowan v. Stovall, 645 F.3d 815 (6th Cir. 2011) - Won a ruling from the U.S. Court of Appeals for the Sixth Circuit that overturned the trial court's verdict in a federal habeas corpus appeal by WTO's pro bono client.
Allstate Property & Casualty Insurance Co. v. Salazar-Castro, No. 08-2110-CM, 2011 WL 1668966 (D. Kan. 2011) - Obtained partial summary judgment for Allstate
dismissal of the opposing parties' affirmative defenses
their claims for underinsured motorist benefits. After a single day of trial, the defendants agreed to a stipulated judgment in Allstate's favor. Evan argued
won two key issues on the first day of trial that helped end the case in the client's favor.
