Marcus A. Fear v. Geico Casualty Company.

Summary

The court held that an insurer's internal settlement evaluation is inadmissible under CRE 408 to establish the amount of undisputed benefits owed, but may be admissible for other purposes, including proving good or bad faith. It also held that non-economic damages can qualify as undisputed benefits requiring payment before resolution of the insured's entire claim, although the insured failed here to prove that any portion was undisputed through admissible evidence. The court therefore affirmed the judgment below on partly different grounds.