American Family Mutual Insurance Company, Petitioner v. Guillermo Barriga and Evelia Barriga, Respondents.

Summary

The court held that damages awarded under section 10-3-1116(1) for unreasonably delayed or denied insurance benefits may not be reduced by benefits that were delayed but later paid outside the lawsuit. It also held that an insured may recover under both the statutory claim and a breach-of-contract claim because the claims depend on factually distinct conduct and do not compensate the same wrong. The court therefore affirmed the court of appeals.