DISGORGEMENT OF COLLECTED INSURANCE PREMIUMS

An insurance company continued to collect Uninsured Motorist and Under Insured Motorist premiums on a per auto basis for several years after the Colorado Supreme Court determined that UM/UIM coverage attaches to the insured person rather than each insured vehicle.  Class Action Plaintiff’s asserted that the UM/UIM premiums collected on secondary vehicles provided no additional UM/UIM coverage.  We gained an understanding of insurer’s billing system, designed a process for establishing the amount of premium over collection, developed a series of SQL database applications to apply our over collection quantification process to the insurer’s data files, determined that the insurer had collected tens-of-millions in at-issue (excessive) premiums and quantified prejudgment interest, and provided a comprehensive report.  Within a few days following Mr. Duree’s deposition, the insurer agreed to a settlement under which it paid more than the amount we quantified as at-issue excessive premiums.

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