Jeremy Moseley

Practice Areas

Jeremy Moseley defends insurers in mass actions, class actions, and high-exposure bad-faith cases in venues throughout the country, using his breadth of experience in highly regulated industries to instill confidence for clients facing difficult circumstances. He has defeated class certification in multiple states and won complex and high-exposure jury trials in some of the most challenging jurisdictions.

Career

Jeremy has defended against insurance class actions in multiple jurisdictions, including Colorado, Kansas, Nevada, and Washington and has obtained favorable appellate court rulings from the Tenth Circuit, Ninth Circuit, Colorado Court of Appeals, and Nevada Supreme Court. In jury trials, Jeremy has obtained verdicts in favor of insurers in some of the most challenging jurisdictions for insurers, including New Mexico state court and Oklahoma state court, as well as in Colorado (state and federal court).

Education

Work Highlights

•Successfully defended an insurer in Colorado state court against claims of bad-faith failure to settle following an accident in which a 4-year-old girl suffered a traumatic brain injury requiring life-long care. The underlying trial resulted in a $54 million excess judgment. Despite an adverse coverage ruling, Jeremy demonstrated the insurer’s initial coverage position was reasonable, even if wrong, and that the parties colluded to inflate the verdict they would seek to collect in the bad faith case. Following a nine-day jury trial, the jury found in favor of the insurer on all claims.

•Successfully defended an insurer in Colorado federal court against claims of bad faith and unreasonable delay and denial in a UIM claim in which the plaintiff claimed a traumatic brain injury and permanent injuries resulting from the accident. Despite the injuries, the jury found that the insureds and their attorneys concealed material information about the claim and found in favor of the insurer’s affirmative defense of breach of the misrepresentation clause, vitiating coverage for the claim. The jury returned a complete defense verdict in less than one hour.

•Successfully defended an insurer in Colorado Federal Court against claims of bad faith and unreasonable delay and successfully prosecuted counterclaims of breach of contract and breach of the misrepresentation clause against the insured. After a six-day jury trial, the jury found in favor of the insurer on all claims and awarded damages to the insurer.

•Successfully defended an insurer in Oklahoma state court against claims of bad faith and punitive damages in which the plaintiff claimed the insurer’s processes were designed to reduce claim payouts and avoid paying medical bills.

•Successfully defended an insurer in New Mexico State Court against a personal injury claim. After a five-day jury trial, the jury found in favor of the insurer on all claims in under 30 minutes.

•Defeated class certification and declaratory claims in a putative class action in Montana regarding an alleged failure to offer optional underinsured motorist coverage.

•Defeated class certification and declaratory claims in a putative class action in Montana regarding a large national insurance company’s handling of claims for medical payments coverage.

•Won a published Tenth Circuit opinion for a large national insurance company, clarifying that a one-year time limit on medical payments coverage is permitted under Colorado law. The opinion also resolved a separate class action, in which the Colorado Supreme Court declined to answer questions certified by the District of Colorado.

•Obtained a Nevada Supreme Court ruling that an insurer’s policy language complied with Nevada law to prohibit stacking, ending a putative class action pending in Nevada state court.

•Won summary judgment in a case of first impression in Montana federal court for an insurer, holding the insured failed to cooperate in the investigation of the claim. The court adopted the framework for evaluating failure to cooperate under Montana law urged by Jeremy, and he also successfully defended the court’s decision on appeal to the Ninth Circuit.

•Won summary judgment in the Western District of Washington for an insurer, finding a residential exclusion in a commercial policy was enforceable and applied to the claim and dismissing all bad faith claims.

•Obtained summary judgment in favor of an insurer in New Mexico state court enforcing an earth movement exclusion.