Free Motion for Attorney Fees - District Court of Colorado - Colorado

Case 1:00-cv-02098-REB-MJW

Document 278-2

Filed 11/15/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 00-cv-02098-REB-MJW KELLY FINCHER, by her guardian, JAMES FINCHER, on behalf of herself and all others similarly situated, Plaintiffs, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, a New Jersey Corporation, Defendant.

PLAINTIFFS' NOTICE TO INSURER OF AMOUNT CLAIMED

Plaintiffs KELLY FINCHER, by her guardian, JAMES FINCHER, pursuant to statute and regulation, including C.R.S. § 10-4-708, submit to Defendant, PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, through counsel, this Notice to Insurer of Amount Claimed; and in support thereof, state as follows: I. UNPAID ACCIDENT-RELATED EXPENSES AND BENEFITS Pursuant to C.R.S. § 10-4-708, Plaintiffs claim any and all PIP benefits due under the contract of insurance for compensable accident-related expenses or losses incurred beyond the amount paid by Prudential Property and Casualty Insurance Company ("Prudential") prior to the date this action was filed. Prior to

EXHIBIT 1

Case 1:00-cv-02098-REB-MJW

Document 278-2

Filed 11/15/2007

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the filing of this action, Prudential had paid a total of $100,000 toward Kelly Fincher's accident-related medical expenses and lost income, and apparently an additional $7500 for essential services. Given the Court's ruling imposing a

$200,000 cap on the benefits payable under the Prudential policy, the accidentrelated expenses and losses "denied or not timely paid" by Prudential under § 708 total $92,500, which is the difference between the $107,500 Prudential paid before this action was filed and the $200,000 cap imposed by the Court. Kelly Fincher's actual accident-related medical and loss of income expenses exceed $200,000, and should future rulings or events remove the cap on benefits payable, Plaintiffs reserve the right to revise this Notice. II. STATUTORY REMEDIES AND ATTORNEYS FEES AND COSTS Plaintiffs also seek all statutory remedies provided by C.R.S. § 10-4-708, including interest at 18% for all benefits not paid within the time set by statute, as well as treble damages and attorney fees. The amount of reasonable attorney and paralegal fees claimed by Plaintiff, based on not less than 1,549 hours of attorney and paralegal hours devoted to this matter, is $285,787.51, from August 12, 2000, to September 21, 2007, plus reasonable attorney and paralegal fees incurred from September 4, 2007, through the conclusion of the instant litigation. Additionally, Plaintiff has incurred a total of $32,384.34 in costs to date in this case.

Case 1:00-cv-02098-REB-MJW

Document 278-2

Filed 11/15/2007

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Respectfully submitted this September 21, 2007.

s/Leif Garrison Robert B. Carey Leif Garrison The Carey Law Firm 2301 East Pikes Peak Ave. Colorado Springs, Colorado 80909 Phone: (719) 635-0377 Fax: (719) 635-2920 Email: [email protected] Steve W. Berman, WSBA #12536 HAGENS BERMAN, L.L.P. 1301 Fifth Avenue, Suite 2900 Seattle, WA 98101 L. Dan Rector
FRANKLIN D. AZAR & ASSOCIATES, PC

5536 Library Lane Colorado Springs, CO 80918 Attorneys for Plaintiffs

CERTIFICATE OF SERVICE I hereby certify that on this September 21, 2007, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF System, which will send notification to the following email addresses: [email protected]

s/Leif Garrison Robert B. Carey Leif Garrison The Carey Law Firm 2301 East Pikes Peak Ave. Colorado Springs, Colorado 80909 Phone: (719) 635-0377 Fax: (719) 635-2920 Email: [email protected]