Claims Adjusters’ Fate Lies In State Supreme Court Following Arguments Over Personal Liability

In a case that has drawn the attention and alarm of national industry groups, the Colorado Supreme Court considered this week whether state law allows people to sue insurance claims adjusters personally for delaying or denying payments.

Lawyers for plaintiff Alexis Skillett attempted to reassure the court during oral arguments that lawsuits against claims adjusters would be no different than, for instance, suing commercial truck drivers for injuries they cause in addition to suing the trucking company.

But the attorney arguing on behalf of Collin Draine and his employer, Allstate, said a decision imposing liability for individual claims handlers would be "unprecedented" and would force adjusters to make decisions based on fear.

In response, some members of the Supreme Court appeared concerned about endorsing an interpretation of the law under which a decision to deny payment could land a claims adjuster in court to answer for their actions.