Denver Court Denies Class Action Certification in Morris v. Travelers

January 31, 2006

U.S. District Court Judge Edward Nottingham has denied a class certification in Morris v. Travelers Indemnity Co. of America, according to Morrison & Foerster LLP. The law firm represented Travelers in court in Denver, Colo.

The case is one of a series of class action lawsuits brought by plaintiffs based on Colorado’s now repealed no fault automobile insurance law. Generally, the lawsuits allege that the insurance companies’ policies did not comply with the requirements of the no fault statutes. In most cases, the courts considering these actions have declined to allow them to proceed as a class action, and have required instead that the plaintiff proceed individually. This latest decision — in which plaintiff Cezer Morris sought reformation of a Traveler policy and damages on behalf of himself and all others similarly situated in Colorado — continues that trend, the lawfirm stated.

Eric Elliff, managing partner of Morrison & Foerster’s Denver office, explained: “Colorado’s no fault laws were a complicated mix of statutes modified in many instances by case law. No fault opened a Pandora’s Box full of plaintiff’s lawsuits against the insurance industry, and this latest round of class actions hopefully represents the last of them.”

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