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, insurance coverage, employment and civil rights discrimination and environmental claims. He also has litigated 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. 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 prosecution 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. 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.

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, and the Colorado Trial Lawyers Association. 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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Sample of Success

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.

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