In The News

Berger Kahn’s Craig Simon Featured in Law360’s “Colorado Cases To Watch in 2024”

(filed under: In The News | January 9, 2024)


Law360 recently highlighted significant legal battles in Colorado to watch in 2024, ranging from ski resort liability to questions surrounding insurance policies. One prominent figure in the legal arena mentioned in the article is our very own Craig S. Simon of Berger Kahn ALC. Let’s delve into the key case involving Berger Kahn, shedding light on our involvement in one of the crucial Colorado cases.


Marshall Fire Litigation

The article spotlights Xcel Energy’s legal battles arising from the 2021 Marshall Fire, a catastrophic event that led to extensive litigation. Berger Kahn’s Craig S. Simon, representing insurance companies taking on Xcel Energy, emphasized a crucial argument. Simon contends that Xcel Energy, as a regulated utility with the power of eminent domain, may be considered a quasi-government actor. This, he argues, could make any property destruction by the company eligible for inverse condemnation, citing the Colorado Constitution’s provision on just compensation.

While insurance companies pursue Xcel Energy for alleged responsibility in starting the fire, homeowners are filing claims against insurers for perceived stinginess in payouts. Another attorney mentioned in the article, anticipates hundreds of plaintiffs seeking compensation for total home losses. Notably, Colorado law allows for double damages for unreasonable delays in insurance claims, leading to potential hefty recoveries.

As the legal landscape unfolds in Colorado in 2024, Berger Kahn’s Craig S. Simon remains at the forefront of critical litigation, representing clients in complex cases that shape legal precedents. Stay tuned for updates on this pivotal Colorado case throughout the year.