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DATE FILED: April 18, 2024 2:21 PM
DISTRICT COURT, DENVER COUNTY, COLORADO FILING ID: 9332ED472F286
1437 Bannock Street CASE NUMBER: 2024CV31186
Denver, CO 80202
Telephone: (303) 606-2300
Plaintiffs: LAURENCE SCANLON, III, an individual, and
DENISE SCANLON, an individual,
v.
Defendant: AMERICAN FAMILY MUTUAL INSURANCE
COMPANY, a Foreign Corporation.
Attorneys for Plaintiffs: Case No:
OGBORN MIHM LLP
Steven A. Shapiro, #12928
Amanda Pfeil Hood, #41287 Division:
1700 Lincoln Street, Suite 2700
Denver, Colorado 80203
Telephone: (303) 592-5900
Email: murray.ogborn@omtrial.com;
steven.shapiro@omtrial.com;
amanda.hood@omtrial.com
COMPLAINT AND JURY DEMAND
Plaintiffs, Laurence Scanlon, III and Denise Scanlon (collectively “Plaintiffs”), through
their attorneys, Ogborn Mihm LLP, and for their Complaint against Defendant American Family
(“Defendant”), allege:
GENERAL ALLEGATIONS
1. At all times pertinent hereto, Plaintiffs were residents of San Miguel County, State
of Colorado.
2. At all times pertinent hereto, Plaintiff Laurence Scanlon was married to Plaintiff
Denise Scanlon.
3. Upon information and belief, at all times pertinent hereto, Defendant American
Family Mutual Insurance Company was a Corporation licensed to do business in the State of
Colorado, with the office of its registered agent Corporation Service Company located at 1900 W.
Littleton Blvd., Littleton, CO 80120.
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4. This Court may exercise general jurisdiction over Defendant because Defendant
has established continuous and systematic business contacts in the State of Colorado through its
sale of insurance policies.
5. Pursuant to C.R.C.P. 98(c), venue is proper in the Denver City and County District
Court because Defendant is an out-of-state resident and conducts business in Denver County.
FACTUAL ALLEGATIONS
6. Plaintiffs reallege and incorporate by reference all preceding paragraphs as if fully
set forth herein.
7. On February 28, 2019, at approximately 4:55 p.m., Plaintiff Laurence Scanlon was
driving a 2014 Ford F150 pulling a trailer northbound on Highway 145 near mile marker 73.
8. On February 28, 2019, at approximately 4:55 p.m., Beryl Donenfeld was driving a
BMW X3 southbound on Highway 145 near mile marker 73.
9. On February 28, 2019, at approximately 4:55 p.m., Beryl Donenfeld crossed the
center line into the northbound lane and directly in front of Plaintiff Laurence Scanlon.
10. Plaintiff Laurence Scanlon was unable to avoid the collision and the two vehicles
struck nearly head on at the far right of the northbound lane (hereinafter “the subject collision”).
11. The subject collision was a direct and proximate result of the negligence,
carelessness, and/or reckless conduct of Beryl Donenfeld.
12. Plaintiff Laurence Scanlon did nothing to cause or contribute to the subject
collision.
13. As a direct and proximate result of Beryl Donenfeld’s negligence, Plaintiff
Laurence Scanlon suffered injuries, damages, and losses, including but not limited to:
a. General, neurological, and musculoskeletal injuries including, but not limited to the
following:
i. Traumatic brain injury with associated symptoms;
ii. Post concussion syndrome;
iii. Cognitive impairment;
iv. Post Traumatic Stress Disorder;
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v. Tinnitus;
vi. Headaches;
vii. Sleep disturbance;
viii. Depression;
ix. Anxiety;
x. Vision and vestibular dysfunction, including oculomotor dysfunction and
convergence insufficiency;
xi. Cervical injuries, including instability, radiculopathy, and pain;
xii. Thoracolumbar injuries, including disc bulges and protrusions,
neuroforaminal narrowing, and back pain;
xiii. Right shoulder injuries, including SLAP tear and bursitis;
xiv. Fracture of right patella;
xv. Fracture of navicular bone of right foot; and
xvi. Other and further injury, damage, and/or loss to Plaintiff’s neurological,
muscular, and skeletal problems.
b. Permanent physical impairment;
c. Past, present, and future medical, hospital, pharmaceutical, rehabilitation, and
related expenses;
d. Past, present, and future pain and suffering;
e. Past present, and future emotional distress;
f. Past, present, and future loss of earnings and earning capacity;
g. Past, present, and future impairment of the enjoyment and quality of a full and
complete life; and
h. Any other and further injuries as described in the medical records, by experts, or
not specifically known at this time.
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14. As a direct and proximate result of Beryl Donenfeld’s negligence, Plaintiff Denise
Scanlon suffered loss of consortium damages, including but not limited to: non-economic damages
in the form of loss of companionship, society, and consortium of her injured spouse.
15. At the time of the subject collision, Beryl Donenfeld, the at fault driver, was insured
by Chubb with liability policy limits of $300,000 (aggregate for both bodily injury and property)
and $5 million (liability umbrella).
16. Beryl Donenfeld offered the full remaining bodily injury liability limits after
payment of property damage in the amount of $5,279,075.08 to settle Plaintiffs’ claims against
Beryl Donenfeld.
17. After receipt of permission to settle, on or about March 2, 2023, Plaintiffs settled
their claims with Beryl Donenfeld for remaining policy limits in the amount of $5,279,075.08.
18. Plaintiffs’ injuries, damages, and losses above-described are valued in excess of
$5,279,075.08, and therefore, Beryl Donenfeld is considered underinsured.
19. At the time of the subject collision, Plaintiffs were insured with an underinsured
motorist (“UIM”) policy with Westfield Insurance for $1 million.
20. Westfield Insurance offered its $1 million UIM policy limits to Plaintiffs to settle
any claim against it, to which Plaintiffs accepted.
21. Plaintiffs’ injuries, damages, and losses above-described are valued in excess of the
two prior settlements
22. At the time of the collision, Plaintiffs were insured under an umbrella policy with
Defendant, which provided for underinsured motorist (“UIM”) benefits for $1 million, bearing a
policy number of 05-U51280-01 (“American Family Policy”).
23. Defendant has not paid Plaintiffs’ demand for benefits under the American Family
Policy and thus this Complaint is filed for Plaintiffs to obtain the benefits thereunder.
FIRST CLAIM FOR RELIEF
24. Plaintiffs reallege and incorporate by reference all preceding paragraphs as if fully
set forth herein.
25. At the time of the subject collision, Plaintiffs were insured with underinsured
motorist coverage with Defendant under the American Family Policy, which provides that
Defendant will pay for damages and bodily injuries sustained by Plaintiffs when they are injured
by a negligent underinsured driver.
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26. Defendant acknowledged that this policy was applicable to the subject collision and
that coverage was in the amount of $1 million.
27. At the time of the collision, Beryl Donenfeld was underinsured for purposes of
underinsured motorist coverage owed to Plaintiffs under the terms of the applicable American
Family Policy.
28. Plaintiffs have satisfied all conditions precedent under the American Family Policy
and is eligible to recover underinsured motorist coverage under said policy.
29. To the extent that Plaintiffs have failed to comply with any of the contractual
obligations, Defendant has not been prejudiced by the failure to comply.
30. Plaintiffs sustained injuries, damages, and losses as a direct and proximate result of
Beryl Donenfeld’s negligence as further described above and which are compensable under the
terms of the insurance policy issued by Defendant.
31. Defendant has failed and refused to pay to Plaintiffs the amounts owed to them
under the terms of the American Family Policy to fully compensate Plaintiffs for their injuries.
32. Plaintiffs bring this action seeking a determination, and payment, of amounts due
to them under the underinsured motorist/umbrella coverage of the American Family Policy for
their collision-related injuries, damages, and losses.
WHEREFORE, Plaintiffs pray for relief as more fully laid out below.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs request that this Court enter an Order of Judgement in favor of
Plaintiffs and against Defendant in an amount to be determined at trial, plus interest allowed by
Colorado law, for costs, expert witness fees, and other items allowed by statute or rule, and for
such other and further relief this Court deems just and proper.
PLAINTIFFS DEMAND A TRIAL TO A JURY OF SIX (6) PEOPLE.
Dated: April 18, 2024
S/ Amanda Pfeil Hood
OGBORN MIHM LLP
Steven A. Shapiro, Esq.
Amanda Pfeil Hood, Esq.
Plaintiffs’ Address: 161 Red Rock Trail Placerville, CO 81430
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Preview
DATE FILED: April 18, 2024 2:21 PM DISTRICT COURT, DENVER COUNTY, COLORADO FILING ID: 9332ED472F286 1437 Bannock Street CASE NUMBER: 2024CV31186 Denver, CO 80202 Telephone: (303) 606-2300 Plaintiffs: LAURENCE SCANLON, III, an individual, and DENISE SCANLON, an individual, v. Defendant: AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Foreign Corporation. Attorneys for Plaintiffs: Case No: OGBORN MIHM LLP Steven A. Shapiro, #12928 Amanda Pfeil Hood, #41287 Division: 1700 Lincoln Street, Suite 2700 Denver, Colorado 80203 Telephone: (303) 592-5900 Email: murray.ogborn@omtrial.com; steven.shapiro@omtrial.com; amanda.hood@omtrial.com COMPLAINT AND JURY DEMAND Plaintiffs, Laurence Scanlon, III and Denise Scanlon (collectively “Plaintiffs”), through their attorneys, Ogborn Mihm LLP, and for their Complaint against Defendant American Family (“Defendant”), allege: GENERAL ALLEGATIONS 1. At all times pertinent hereto, Plaintiffs were residents of San Miguel County, State of Colorado. 2. At all times pertinent hereto, Plaintiff Laurence Scanlon was married to Plaintiff Denise Scanlon. 3. Upon information and belief, at all times pertinent hereto, Defendant American Family Mutual Insurance Company was a Corporation licensed to do business in the State of Colorado, with the office of its registered agent Corporation Service Company located at 1900 W. Littleton Blvd., Littleton, CO 80120. 1 4. This Court may exercise general jurisdiction over Defendant because Defendant has established continuous and systematic business contacts in the State of Colorado through its sale of insurance policies. 5. Pursuant to C.R.C.P. 98(c), venue is proper in the Denver City and County District Court because Defendant is an out-of-state resident and conducts business in Denver County. FACTUAL ALLEGATIONS 6. Plaintiffs reallege and incorporate by reference all preceding paragraphs as if fully set forth herein. 7. On February 28, 2019, at approximately 4:55 p.m., Plaintiff Laurence Scanlon was driving a 2014 Ford F150 pulling a trailer northbound on Highway 145 near mile marker 73. 8. On February 28, 2019, at approximately 4:55 p.m., Beryl Donenfeld was driving a BMW X3 southbound on Highway 145 near mile marker 73. 9. On February 28, 2019, at approximately 4:55 p.m., Beryl Donenfeld crossed the center line into the northbound lane and directly in front of Plaintiff Laurence Scanlon. 10. Plaintiff Laurence Scanlon was unable to avoid the collision and the two vehicles struck nearly head on at the far right of the northbound lane (hereinafter “the subject collision”). 11. The subject collision was a direct and proximate result of the negligence, carelessness, and/or reckless conduct of Beryl Donenfeld. 12. Plaintiff Laurence Scanlon did nothing to cause or contribute to the subject collision. 13. As a direct and proximate result of Beryl Donenfeld’s negligence, Plaintiff Laurence Scanlon suffered injuries, damages, and losses, including but not limited to: a. General, neurological, and musculoskeletal injuries including, but not limited to the following: i. Traumatic brain injury with associated symptoms; ii. Post concussion syndrome; iii. Cognitive impairment; iv. Post Traumatic Stress Disorder; 2 v. Tinnitus; vi. Headaches; vii. Sleep disturbance; viii. Depression; ix. Anxiety; x. Vision and vestibular dysfunction, including oculomotor dysfunction and convergence insufficiency; xi. Cervical injuries, including instability, radiculopathy, and pain; xii. Thoracolumbar injuries, including disc bulges and protrusions, neuroforaminal narrowing, and back pain; xiii. Right shoulder injuries, including SLAP tear and bursitis; xiv. Fracture of right patella; xv. Fracture of navicular bone of right foot; and xvi. Other and further injury, damage, and/or loss to Plaintiff’s neurological, muscular, and skeletal problems. b. Permanent physical impairment; c. Past, present, and future medical, hospital, pharmaceutical, rehabilitation, and related expenses; d. Past, present, and future pain and suffering; e. Past present, and future emotional distress; f. Past, present, and future loss of earnings and earning capacity; g. Past, present, and future impairment of the enjoyment and quality of a full and complete life; and h. Any other and further injuries as described in the medical records, by experts, or not specifically known at this time. 3 14. As a direct and proximate result of Beryl Donenfeld’s negligence, Plaintiff Denise Scanlon suffered loss of consortium damages, including but not limited to: non-economic damages in the form of loss of companionship, society, and consortium of her injured spouse. 15. At the time of the subject collision, Beryl Donenfeld, the at fault driver, was insured by Chubb with liability policy limits of $300,000 (aggregate for both bodily injury and property) and $5 million (liability umbrella). 16. Beryl Donenfeld offered the full remaining bodily injury liability limits after payment of property damage in the amount of $5,279,075.08 to settle Plaintiffs’ claims against Beryl Donenfeld. 17. After receipt of permission to settle, on or about March 2, 2023, Plaintiffs settled their claims with Beryl Donenfeld for remaining policy limits in the amount of $5,279,075.08. 18. Plaintiffs’ injuries, damages, and losses above-described are valued in excess of $5,279,075.08, and therefore, Beryl Donenfeld is considered underinsured. 19. At the time of the subject collision, Plaintiffs were insured with an underinsured motorist (“UIM”) policy with Westfield Insurance for $1 million. 20. Westfield Insurance offered its $1 million UIM policy limits to Plaintiffs to settle any claim against it, to which Plaintiffs accepted. 21. Plaintiffs’ injuries, damages, and losses above-described are valued in excess of the two prior settlements 22. At the time of the collision, Plaintiffs were insured under an umbrella policy with Defendant, which provided for underinsured motorist (“UIM”) benefits for $1 million, bearing a policy number of 05-U51280-01 (“American Family Policy”). 23. Defendant has not paid Plaintiffs’ demand for benefits under the American Family Policy and thus this Complaint is filed for Plaintiffs to obtain the benefits thereunder. FIRST CLAIM FOR RELIEF 24. Plaintiffs reallege and incorporate by reference all preceding paragraphs as if fully set forth herein. 25. At the time of the subject collision, Plaintiffs were insured with underinsured motorist coverage with Defendant under the American Family Policy, which provides that Defendant will pay for damages and bodily injuries sustained by Plaintiffs when they are injured by a negligent underinsured driver. 4 26. Defendant acknowledged that this policy was applicable to the subject collision and that coverage was in the amount of $1 million. 27. At the time of the collision, Beryl Donenfeld was underinsured for purposes of underinsured motorist coverage owed to Plaintiffs under the terms of the applicable American Family Policy. 28. Plaintiffs have satisfied all conditions precedent under the American Family Policy and is eligible to recover underinsured motorist coverage under said policy. 29. To the extent that Plaintiffs have failed to comply with any of the contractual obligations, Defendant has not been prejudiced by the failure to comply. 30. Plaintiffs sustained injuries, damages, and losses as a direct and proximate result of Beryl Donenfeld’s negligence as further described above and which are compensable under the terms of the insurance policy issued by Defendant. 31. Defendant has failed and refused to pay to Plaintiffs the amounts owed to them under the terms of the American Family Policy to fully compensate Plaintiffs for their injuries. 32. Plaintiffs bring this action seeking a determination, and payment, of amounts due to them under the underinsured motorist/umbrella coverage of the American Family Policy for their collision-related injuries, damages, and losses. WHEREFORE, Plaintiffs pray for relief as more fully laid out below. PRAYER FOR RELIEF WHEREFORE, Plaintiffs request that this Court enter an Order of Judgement in favor of Plaintiffs and against Defendant in an amount to be determined at trial, plus interest allowed by Colorado law, for costs, expert witness fees, and other items allowed by statute or rule, and for such other and further relief this Court deems just and proper. PLAINTIFFS DEMAND A TRIAL TO A JURY OF SIX (6) PEOPLE. Dated: April 18, 2024 S/ Amanda Pfeil Hood OGBORN MIHM LLP Steven A. Shapiro, Esq. Amanda Pfeil Hood, Esq. Plaintiffs’ Address: 161 Red Rock Trail Placerville, CO 81430 5