Since obtaining his Juris Doctor from Cornell Law School in 1997, David has practiced law in Colorado. For the bulk of his career, David’s litigation practice has focused on the tort and insurance fields, emphasizing personal injury, construction defect, professional liability, and premises liability claims. When necessary, David handles appeals of these matters, and has argued before the Colorado Court of Appeals and the Tenth Circuit Court of Appeals.
David also devotes a significant portion of his practice to providing insurance and noninsurance clients with counsel and coverage opinions, utilizing his extensive knowledge of applicable industry standards and legal requirements. He also litigates these matters in declaratory judgment and bad-faith lawsuits in state and federal courts. He is frequently retained and testifies as an expert witness in litigation relating to claims handling and insurance bad faith. He has assisted insurance clients in drafting policy language and endorsements to address legal developments and new coverages. David regularly shares his knowledge, lecturing to insurance companies and industry groups on claims handling, bad faith, best practices, and legal developments.
Cornell Law School, J.D., 1997 The Ohio State University, B.A., 1993
State of Colorado, 1997 United States District Court, District of Colorado, 1998 United States Court of Appeals, Tenth Judicial Circuit, 2004
Martindale-Hubbell “AV Preeminent” Rating Colorado Super Lawyers, Insurance Coverage, 2014 - present AVVO “Superb” Rating Best Lawyers in America, 2019 - present
Grund, J.W., Miller, J.K., and Werber, D.S., Personal Injury Practice – Torts and Insurance (West 3d ed.) (4 vols., part of West Group’s Colorado Practice Series), updated annually “Torts” chapter, Annual Survey of Colorado Law, CLE in Colorado, Inc. 2012-2015 “Wrongful Death” chapter, Causes of Action, CBA-CLE (CLE in Colorado, Inc.), 2019
Colorado Bar Association Litigation Section Insurance Committee, Communications Subcommittee Arapahoe County Bar Association Colorado Defense Lawyers Association, Professionalism & Education Committee, Insurance/Bad Faith
Reported Decisions
Squires v. Breckenridge Outdoor Education Center, 715 F.3d 867 (10th Cir. 2013) http://www.ca10.uscourts.gov/opinions/12/12-1199.pdf
Professional Solutions Insurance Co. v. Mohrlang, 363 Fed. Appx. 650 (10th Cir. 2010) http://www.ca10.uscourts.gov/opinions/09/09-1286.pdf
Barron v. Kerr-McGee, 181 P.3d 348 (Colo. 2007), cert. denied (2008) http://www.cobar.org/opinions/opinion.cfm?opinionid=6321
Marshall v. Estep, 396 Fed. Appx. 564 (10th Cir. 2010) http://law.justia.com/cases/federal/appellate-courts/ca10/10-1120/10-1120-2011-05-05.html
Presentations
“Bad Faith 101,” CDLA, November 2021.
“Bad Faith Beyond Fisher,” CDLA, July 2021.
“Excess Verdict Bad Faith Claims,” CDLA, September 2020.
“Coverage and Reservation of Rights,” USAA, November 2019.
"Uninsured and Underinsured Motorist Insurance Law Update, A Crash Course in Motor Vehicle Accident Law 2016", Colorado Bar Association CLE, May 2016.
“Update on Legal Developments Impacting Property and Casualty Insurance,” Colorado and Pikes Peak Chapters of the CPCU Society, October 2014.
“Claims Handling and Insurance Bad Faith,” Auto-Owners Insurance Co., March 2014.
“§§ 10-3-1115 and 1116, C.R.S. and first party claims handling issues,” USAA, December 2013.
“Avoiding the Bad Faith Claim: Best Practices for Claims Adjusters,” Greater Denver Chapter of the Claims and Litigation Management Alliance, June 2013.
“Insurance Bad Faith – Recent Trends and Developments,” Colorado Chapter of the CPCU Society, February 2013.
“Risk Management and Professional Liability,” Denver School of Nursing, February 2012 – 2013 (presentation made 2-3 times per year)
“Update on Colorado Insurance Law: The impact of HB 10-1394 and other recent developments,” Auto-Owners Insurance Co., October, 2010