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STRESSCON CORP. v. TRAVELERS PROP. CAS. CO.

Court of Appeals Nos. 11CA1239 & 11CA1582.

373 P.3d 615 (2013)

2013 COA 131

STRESSCON CORPORATION, a Colorado corporation, Plaintiff-Appellee and Cross-Appellant, v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, a Connecticut company, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. VII.

Announced September 12, 2013.

Attorney(s) appearing for the Case

Sherman & Howard L.L.C., Bret R. Gunnell, Katherine D. Varholak, Brooke Yates, Matthew O. Stromquist, Denver, Colorado, for Plaintiff-Appellee and Cross-Appellant

Montgomery, Kolodny, Amatuzio & Dusbabek, LLP, Kevin Amatuzio, David Fawley, Denver, Colorado; Meckler Bulger Tilson Marick & Pearson, Michael M. Marick, Chicago, Illinois, for Defendant-Appellant and Cross-Appellee

Roberts Levin Rosenberg, PC, Michael J. Rosenberg, Denver, Colorado, for Amicus Curiae The Colorado Trial Lawyers Association

Reubel & Quillen, LLC, Jeffrey Reubel, Casey A. Quillen, Westminster, Colorado, for Amicus Curiae Colorado Defense Lawyers Association

Opinion by JUDGE BERNARD

¶ 1 Along with other issues, the defendant, Travelers Property Casualty Company of America (the insurance company), raises a question in this appeal concerning "no voluntary payment" clauses. These clauses appear in many insurance policies. They prohibit insureds from voluntarily settling claims and making payment, or from assuming certain expenses, without the insurer's consent, at the risk of losing insurance benefits...

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