Marc R. Levy

MARC R. LEVY

Peakview Tower
6465 S. Greenwood Plaza Blvd., Ste. 650
Englewood, Colorado 80111
Telephone: 303-796-2900

Mr. Levy is an active trial attorney with primary emphasis in the litigation of insurance bad faith, construction defect, third-party liability defense, insurance coverage, employment and civil rights discrimination and environmental claims. He also has litigated the defense of arson, fraud, no-fault coverage and other first-party insurance claims. In the recent past, he was lead counsel in litigation resulting in fraud verdicts against a chiropractic firm and a law firm. Mr. Levy has headed the defense of a national insurance carrier in litigation involving the dispute over the liability for environmental clean-up of the Lowry Landfill, and has served as local counsel for a major corporation in the defense of asbestos related bodily injury claims. He has also served as a lecturer at numerous professional and industry seminars, speaking on litigation, medical and insurance issues.

Mr. Levy has and continues to be an active trial lawyer having tried cases in literally every jurisdiction along the Front Range, and Wyoming and Oklahoma. Currently, he specializes in the defense of claims and actions for insurance bad faith. He has testified before the Colorado Legislature and Division of Insurance with respect to insurance related matters, and has served as a consultant and lecturer for the Colorado Division of Insurance, including an invitation to speak at the International Association of Insurance Commissioners meeting in New Orleans, Louisiana. He has also litigated matters within the administrative framework of the Colorado Division of Insurance and spent approximately one year in consultation with a major insurer with respect to a market conduct examination conducted by the Division. Mr. Levy has personally litigated approximately three dozen jury trials in which claims of bad faith were made, and has had involvement in approximately two dozen Colorado appellate cases involving insurance law issues. He has also lectured extensively in the field, including numerous presentations of a seminar directed to claims (non-legal) professionals and acts as counsel for two major insurers through their respective national bad faith litigation defense units.

Mr. Levy was admitted to the bar in 1981, and is licensed to practice in Oklahoma and Colorado. Mr. Levy obtained his Bachelor of Arts degree in 1978 and his Juris Doctor degree in 1980 from the University of Oklahoma. Mr. Levy was a member of the Order of the Coif and an instructor in Legal Research and Writing in 1980 while attending the University of Oklahoma. Mr. Levy began his law career as a law clerk for Justice Robert D. Simms of the Oklahoma Supreme Court. Mr. Levy is currently a member of the Denver, Oklahoma, Colorado and American Bar Associations, Colorado Defense Lawyers Association, and the Defense Research Institute. Mr. Levy is also admitted to practice in the United States Supreme Court.

Education
• Juris Doctor – University of Oklahoma, 1980
• Bachelor of Arts – University of Oklahoma, 1978

Professional Activities
• Admitted – Colorado 1981
• Admitted – United States District Court for the District of Colorado
• Admitted – United States Court of Appeals for the Tenth Circuit
• Admitted – United States Supreme Court
• Member – Colorado Defense Lawyers Association

Honors and Awards
• AV Preeminent Rating – Martindale Hubbell
• Former Judicial Law Clerk assigned to the Honorable Justice Robert D. Simms of the Oklahoma Supreme Court
• Order of the Coif
• Named a 2010 Lawyer of the Year by Law Week Colorado.
• Featured as a Top Rated Lawyer in the National Law Review, The American Lawyer, and Corporate Counsel magazine.

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Opinions

Smith v. State Farm Mutual Automobile Insurance Company, 12CA2209 (Colo. App. 2014).

D.R. Horton, Inc.-Denver d/b/a Trimark Communities, and D.R. Horton, Inc. v. The Travelers Indemnity Company of America, Travelers Indemnity Company, Travelers Indemnity Company of Connecticut, St. Paul Fire and Marine Insurance Company, and Charter Oak Fire Insurance Company, 860 F.Supp.2d 1246 (D.Colo. 2012).

Panico v. State Farm Fire and Cas. Co., 410 Fed.Appx. 160 (10th Cir 2011).

Maloney v. Brassfield, 251 P.3d 1097 (Colo.App. 2010).

State Farm Mutual Automobile Insurance Company v. Fisher, 618 F.3d 1103, (10th Cir. 2010).

Currier v. Sutherland, 218 P.3d 709 (Colo. 2009)

Eppich v. State Farm Mut. Auto. Ins. Co., Slip Copy, 2009 WL 3162245 (D.Colo. 2009)

State Farm Mut. Auto. Ins. Co. v. Fisher, Slip Copy, WL 2766763 (D.Colo. 2009)

State Farm Mut. Auto. Ins. Co. v. Fisher, Slip Copy, 2009 WL 1586921(D.Colo. 2009)

Fire Ins. Exchange v. Sullivan, 224 P.3d 348 (Colo.App. 2009).

State Farm Mut. Auto. Ins. Co. v. Fisher, Slip Copy, 2009 WL 1440232 (D.Colo. 2009)

State Farm Mut. Auto. Ins. Co. v. Fisher, Slip Copy, 2009 WL 1011194 (D.Colo. 2009)

Trinity Universal Ins. Co. of Kansas, Inc. v. D.R. Horton, Inc., Slip Copy, 2009 WL 1010548 (D.Colo. 2009)

State Farm Mut. Auto. Ins. Co. v. Fisher, Slip Copy, 2009 WL 798647 (D.Colo. 2009)

State Farm Mut. Auto. Ins. Co. v. Fisher, Slip Copy, 2009 WL 798661 (D.Colo. 2009)

Pappas v. Frank Azar & Associates, P.C., slip copy, 2009WL440947 (D.Colo. 2009).

Trinity Universal Ins. Co. of Kansas, Inc. v. D.R. Horton, Inc., Slip Copy, 2009 WL 721814 (D.Colo. 2009)

Currier v. Sutherland and State Farm Mutual Automobile Ins. Co., 215 P.3d 1155 (Colo.App. 2008).

Carl’s Italian Restaurant v. Truck Ins. Exchange, 183 P.3d 636 (Colo. App. 2007).

Pappas v. Frank Azar & Associates, P.C., Slip Copy, 2007 WL 2683549 (D.Colo. 2007)

Munger v. Farmers Ins. Exchange, 174 P.3d 832 (Colo.App. 2007)

Lefeber v. Farmers Insurance Exchange, 2007WL2390900 (Colo.App. 2007)

Massingill v. State Farm Mut. Auto. Ins. Co, 176 P.3d 816 (Colo.App. 2007)

Zimmer v. State Farm Mutual Automobile Ins. Co., 2007WL178289 (Colo.App. 2007)

Pappas v. Frank Azar & Associates, P.C., Slip Copy, 2007 WL 1549037 (D.Colo. 2007)

Jessee v. Farmers Ins. Exchange, 147 P.3d 56 (Colo. 2006)

Bush v. State Farm Mut. Auto. Ins. Co., 101 P.3d 1145 (Colo.App. 2004)

Lazar v. Riggs, 79 P.3d 105 (Colo. 2003)

City of Westminster v. Centric-Jones Constructors, 100 P.3d 472 (Colo.App. 2003)

D.C. Concrete Management, Inc. v. Mid-Century Ins. Co., 39 P.3d 1205 (Colo.App. 2001)

Tait ex rel. Tait v. Hartford Underwriters Ins. Co., 49 P.3d 337 (Colo.App. 2001)

Farmers Ins. Exchange v. Taylor, 45 P.3d 759 (Colo.App. 2001)

Ahmadi v. Allstate Ins. Co., 22 P.3d 576 (Colo.App. 2001)

Mid-Century Ins. Co. v. Heritage Drug, Ltd., 3 P.3d 461 (Colo.App. 1999)

Farmers Ins. Exchange v. Bill Boom Inc., 961 P.2d 465 (Colo. 1998)

State Farm Mut. Auto. Ins. Co. v. Stein, 940 P.2d 384 (Colo. 1997)

Farmers Ins. Exchange v. Dotson, 913 P.2d 27 (Colo. 1996)

State Farm Mut. Auto. Ins. Co. v. Stein, 924 P.2d 1154 (Colo.App. 1996)

Farmers Ins. Exchange v. American Mfrs. Mut. Ins. Co., 897 P.2d 880 (Colo.App. 1995)

State Farm Mut. Auto. Ins. Co. v. Parrish, 899 P.2d 285 (Colo.App. 1994)

State Farm Mut. Auto. Ins. Co. v. Stein, 886 P.2d 326 (Colo.App. 1994)

Levy-Wegrzyn v. Ediger, 899 P.2d 230 (Colo.App. 1994)

Coffman v. State Farm Mut. Auto. Ins. Co., 884 P.2d 275 (Colo. 1994)

Galusha v. Farmers Ins. Exchange, 844 F.Supp. 1401 (D.Colo. 1994)

Adolph Coors Co. v. American Ins. Co., 1993 WL 13029757 (D.Colo. 1993)

Compton v. State Farm Mut. Auto. Ins. Co., 870 P.2d 545 (Colo.App. 1993)

Acierno v. Trailside Townhome Ass’n, Inc., 862 P.2d 975 (Colo.App. 1993)

State Farm Mut. Auto. Ins. Co. v. Nissen, 851 P.2d 165 (Colo. 1993)

Coffman v. Coffman v. State Farm Mutual Automobile Ins. Co, 865 P.2d 856 (Colo.App. 1993)

Adolph Coors Co. v. American Ins. Co., 164 F.R.D. 507 (D.Colo. 1993)

State Farm Mut. Auto. Ins. Co. v. Broadnax, 827 P.2d 531 (Colo. 1992)

State Farm Mut. Auto. Ins. Co. v. Nissen, 835 P.2d 537 (Colo.App. 1992)

State Farm Mut. Auto. Ins. Co. v. Cabs, Inc., 751 P.2d 61 (Colo. 1988)

Torrez v. Day, 725 P.2d 1184 (Colo.App. 1986)

Sample of Success

July 2017
Jenkins, Kirkham, Ling, & Seyler Ranch, LLC v. State Farm Fire And Casualty Company, Civil Action 15-cv-02691-CMA, United States District Court, District of Colorado. This case involved allegations of substantial water damage as a result of frozen pipes. The issue was whether the alleged damage occurred during the State Farm policy period. Plaintiffs alleged breach of contract, unreasonable delay/denial, and bad faith. Plaintiffs sought more than $785,000 at trial, plus interest and attorney fees. The damages sought included damage to the dwelling – $130,582.00, damage to personal property – $9,223.00, additional living expenses – $106,200, water remediation – $14,582, electric repairs – $1,347, and more than $500,000 in alleged unreasonable denial of claim damages. Marc Levy won a complete defense verdict at trial.

June 2017
Bulinski v. State Farm Fire and Casualty Company, Civil Action 16-cv-02066-RPM, U.S. District Court, District of Colorado. Plaintiffs filed claims for breach of contract, statutory unreasonable delay/denial and common law bad faith, seeking about $200,000 in property damage, plus a penalty of double damages, plus attorney fees and costs.  Plaintiffs also sought punitive damages.  The insurance claim arose when a giant boulder detached from a cliff face about ¼ mile from plaintiffs’ vacation home in Ouray, Colorado and rolled downhill.  State Farm denied the claims based on the policy’s earth movement exclusion.  Plaintiffs filed their lawsuit and later filed a motion for summary judgment.  In response to Plaintiffs’ motion for summary judgment, Marc Levy filed a cross-motion for summary judgment.  The Court disagreed with plaintiffs’ position and determined that there is no insurance coverage for the loss.  As a result, the court dismissed all of plaintiffs’ claims.

February 2017
Paiz v. Allen, Civil Action 2016CV31955, Arapahoe District Court. After reviewing defendant’s motion, the Court agreed with Marc Levy Shively, ordering plaintiff to post a cost bond.  The bond will be available to satisfy any costs awarded to defendant in this case.

September 2016
Morehead v. Fisher, Civil Action 2015CV32411, Arapahoe District Court. The Court agreed with Marc Levy, awarding attorney fees as a sanction.

July 2016
Nunez-Hurtado v. Rupe, Civil Action 15CV31629, Arapahoe District Court. This case involved a three vehicle rear-end automobile accident. Marc Levy represented the driver of the rear vehicle. In Colorado, there is a presumption of negligence in a rear-end accident against the driver of the vehicle in the rear. As a result, the client was presumed negligent. At trial, the plaintiff sought approximately $96,000 in damages. However, even with an adverse presumption, Marc Levy was able to convince the jury that the defendant was not negligent. As a result, the jury returned a defense verdict.

May 2016
The Pushchak Law Firm, LLC, et al. v. The Reisch Law Firm, LLC, et al., Civil Action 15CV34534, Denver District Court.  Marc Levy represented the defendant law firm and attorney against a law suit filed by its former employee and Mr. Pushchak’s new law firm. Mr. Levy and Mr. Hall also represent the defendants in prosecuting counterclaims. The matter relates to attorney fee entitlement as to cases that Mr. Pushchak took when he left, as well as cases that remained with the defendant’s firm.

Mr. Levy filed a motion for partial judgment as to the following two issues:

  1. Whether Mr. Pushchak is entitled to any compensation with respect to cases that were pending at the Reisch Firm and had not resolved at the time he resigned as an employee of the Reisch Firm; and
  2. Whether the Reisch Firm has some entitlement to recover attorney fees received by the Pushchak Firm earned from clients who had originally signed fee agreements with and received legal services from the Reisch Firm, who subsequently terminated the Reisch Firm and who retained the Pushchak Firm.

The court found in favor of the defense, finding “Neither Mr. Pushchak nor the Pushchak Firm is entitled to any compensation for cases which stayed at the Reisch Firm and were resolved after June 30, 2015. However, the Defendants are entitled to recover from the Plaintiffs, in equity, for the reasonable value of their services as to cases in which the clients initially signed fee agreements with the Reisch Firm but later went to the Pushchak Firm.”

May 2016
The Pushchak Law Firm, LLC, et al. v. The Reisch Law Firm, LLC, et al., Civil Action 15CV34534, Denver District Court. Marc Levy represented the defendant law firm and attorney against a law suit filed by its former employee and Mr. Pushchak’s new law firm. Mr. Levy also represented the defendants in prosecuting counterclaims. The matter relates to attorney fee entitlement as to cases that Mr. Pushchak took when he left, as well as cases that remained with the defendant’s firm.

Plaintiffs filed a motion for partial summary judgment seeking dismissal of a counterclaim. The defendants originally filed counterclaims seeking among other things, a portion of fees from the legal cases Mr. Pushchak took with him when he left the firm. The plaintiffs argued that defendants have no valid attorney lien against future recoveries from the cases Mr. Pushchak took with him. However, the Court denied plaintiffs’ motion for partial summary judgment and then actually decided the declaratory judgment legal issue in favor of the defense in a separate order.

May 2016
The Pushchak Law Firm, LLC, et al. v. The Reisch Law Firm, LLC, et al., Civil Action 15CV34534, Denver District Court. Marc Levy represented the defendant law firm and attorney against a law suit filed by its former employee and Mr. Pushchak’s new law firm. Mr. Levy also represented the defendants in prosecuting counterclaims. The matter relates to attorney fee entitlement as to cases that Mr. Pushchak took when he left, as well as cases that remained with the defendant’s firm.

Plaintiffs filed a motion to dismiss the defendants’ first counterclaim, which sought a declaration that plaintiffs were not entitled to any fees related to cases that stayed with the defendants. The Court denied plaintiffs’ motion to dismiss the claim and then actually decided the declaratory judgment legal issue in favor of the defense in a separate order.

May 2016
Messner & Reeves, LLP v. Patrick Imeson; 4636 Investors, LLC; Elkhorn Goldfields, Inc.; and Black Diamond Financial Group, LLC, Civil Action 2014CV33588, Denver District Court. Marc Levy represented the Messner & Reeves, LLP law firm in an action to recover attorney fees from former clients of Messner & Reeves.  The former clients were satisfied with the representation, but failed to pay Messner & Reeves.  Mr. Levy won the case at trial.  Now, in a lengthy order, the trial court determined that the former client also owes the legal fees incurred by Mr. Levy’s representation.

October 2015
Messner & Reeves, LLP v. Patrick Imeson; 4636 Investors, LLC; Elkhorn Goldfields, Inc.; Elkhorn Goldfields, LLC; and Black Diamond Financial Group, LLC, Civil Action 2014CV33588, Denver District Court. Marc Levy won a judgment in favor of their client.  He represented the law firm of Messner & Reeves, LLP in a case to prove entitlement to compensation for legal work.  After a trial, the Court issued its judgment for over $285,000.  The court agreed that Messner & Reeves, LLP had a valid contract for legal services and properly proved entitlement to full compensation for its legal services. The court also invited Messner & Reeves, LLP to file a motion to recover its costs and the legal fees it paid to this law firm in order to prosecute the case.

January 2010
Jennifer Latham, et al. v. Assurant Health, Assurant, Inc., Fortis Insurance Company, and Time Insurance Company, Boulder District Court, Civil Action 2006CV1040.

Marc Levy won a bad faith and punitive damages verdict on behalf of Jennifer Latham and her minor children of more than $37 million against Time Insurance Company, also known as Fortis Insurance Company and Assurant Health. The case involved Time’s bad faith rescission of Ms. Latham’s health insurance policy after she was involved in an horrific 2005 automobile accident.

The jury heard testimony that Time rescinded Ms. Latham’s policy without conducting a reasonable investigation and without notifying or asking for input from Ms. Latham. The jury also heard testimony that Time’s “rescission panel,” which meets weekly, reviewed more than one hundred cases in conjunction with Ms. Latham’s. Evidence presented to the jury included Time’s savings of more than $150 million over the last five years by rescinding insurance policies.

After the jury announced its verdict, Westword (Alan Prendergast) reported, “Jury foreman Dan Vela says he was in favor of awarding Latham $150 million as a way of punishing the insurance company. ‘They didn’t have a leg to stand on,’ says Vela, a general manager for a seamless gutter company. ‘I hope we sent a message back to them that this was wrong.’” Westword also reported, “‘We had to determine who was lying,’ says juror Denise Kaatz, a production manager for a Louisville apparel company. ‘Most of [Time’s] witnesses seemed dishonest, defensive and just showed a basic lack of humanity. It was kind of frightening.’” Westword went on to report, “‘We realized that $37 million is a lot of money,’ says Kaatz. ‘But we felt we had to send a message. Anything less, and the message might not have been heard by Time, since they’ve continued with this practice for the past five years despite other lawsuits.’”

January 29, 2010 Westword article.
January 30, 2010 Daily Camera article.
February 1, 2010 Westword article.
February 1, 2010 Insurance News Net Article.
First of two February 10, 2010 Westword articles.
Second of two February 10, 2010 Westword articles.

Recent Success

  • Jury Trial Win – Jenkins

    Plaintiffs sought more than $785,000 at trial, plus interest and attorney fees. Marc Levy and Jami Maul won a complete defense verdict at trial.

    more...

  • Defense Verdict at Trial – Sellars

    Heather Hackett won at trial. Plaintiff alleged negligence, negligence per se and sought various types of damages. However, the jury disagreed with plaintiff and returned a defense verdict. Following trial, the jury commended Ms. Hackett on her excellent trial skills.

    more...

  • Summary Judgment – Bulinski

    June 2017 Bulinski v. State Farm Fire and Casualty Company, Civil Action 16-cv-02066-RPM, U.S. District Court, District of Colorado.  Plaintiffs filed claims for breach of contract, statutory unreasonable delay/denial and common law bad faith, seeking about $200,000 in property damage, plus a penalty of double damages, plus attorney fees and costs.  Plaintiffs also sought punitive damages.  The insurance claim arose when a giant boulder detached from a cliff face about…

    more...

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