Christopher S. Clemenson

Member

Denver

(720) 479-3894

(720) 479-3890

Christopher S. Clemenson advises his insurance company clients on first-party and third-party coverage matters, including claims of insurance bad faith.  He has a wide range of experience with claims under general liability policies, professional liability policies, commercial property policies, builders’ risk policies and excess and surplus lines insurance.  He advises clients on a variety of coverage issues, including those involving: construction defects; professional liability; “Coverage B” claims, including claims for patent, trademark and trade name infringement; clergy misconduct; business interruption claims; and environmental contamination.  Chris also counsels excess insurers regarding their unique rights and obligations in situations involving numerous insureds and claimants. 

Chris also has significant experience in complex litigation, including general commercial litigation, construction defect litigation, personal injury defense (including product and premises liability), and defense of governmental and religious institutions.  Working closely with his clients, he emphasizes early factual investigation and assessment of claims in order to assess risks and develop innovative strategies to minimize those risks and achieve positive case results. While experienced in mediation and other forms of alternative dispute resolution, Chris vigorously defends his clients and has achieved positive jury verdicts and summary judgments dismissals in both state and federal courts. 

Chris has been named to The Best Lawyers in America in the category of Insurance Law and has been awarded the AV Preeminent® Peer Review rating by Martindale-Hubbell.

Chris received his undergraduate degree from the University of Denver in 1993, and his law degree from the University of Washington in 1997.

Away from work, he enjoys golfing and coaching sports for his two sons.

Experience

Publications

Colorado Supreme Court: Appraisers May Not Advocate for Party Retaining Them [Alert]

July 08, 2019

Christopher S. Clemenson and John Daly discuss the instructions from the Colorado Supreme Court and how it may create a number of new disputes between insurers and their insureds during, and after, the appraisal process.

Colorado Supreme Court Limits Use of Extrinsic Evidence and Reasonable Expectations Doctrine [Global Insurance Alert]

June 23, 2016

Chris Clemenson and John Daly discuss a Colorado Supreme Court decision holding that extrinsic evidence can only be used to interpret ambiguous policy language, not unambiguous policy language.

Are Consent Judgments in Colorado Dead? Colorado Strictly Enforces “No Voluntary Payments” Clause [Global Insurance Alert]

April 26, 2016

Christopher S. Clemenson and John Daly discuss Monday's decision by the Colorado Supreme Court in Travelers Prop. Cas. Co. v. Stresscon Co. holding that an insurer does not need to show prejudice to enforce a “no-voluntary-payments” provision.

Colorado: No Prejudice Required to Enforce Date-Certain Notice Requirements in Claims-Made Policies [Global Insurance Alert]

February 19, 2015

In Colorado, under the notice-prejudice rule, an insured who gives late notice of a claim to his or her liability insurer does not lose coverage benefits unless the insurer proves that the late notice prejudiced its interests. Friedland v. Travelers Indem. Co., 105 P.3d 639, 643 (Colo. 2005). On February 17, 2015, in response to certified question of law from the 10th Circuit Court of Appeals, the Colorado Supreme Court held that the notice-prejudice rule does not apply to date-certain notice requirements in claims-made policies. Craft v. Philadelphia Indem. Ins. Co., Case No. 14SA43. Rather, date-certain notice requirements will be enforced as written.

Courts Continue to Split on Whether Defense Obligation Is a First Party Benefit Under Colorado Law, but Agree Duty to Defend Is a Joint and Several Obligation [Global Insurance Alert]

March 19, 2013

In D.R. Horton, Inc.—Denver v. Mountain States Mutual Casualty Co., No. 12-cv-01080 (February 25, 2013), another U.S. District Court judge for the District of Colorado determined a liability insured seeking defense costs from its insurer may qualify as a “first-party claimant” for purposes of Colorado’s Unfair Claim Settlement Practices Act, potentially entitling the insured to recover unpaid defense costs, attorneys’ fees in prosecuting the recovery action and two times the unpaid defense costs as a penalty.

Events & Seminars

Past Events

CPCU Society 2009 Annual Meeting

September 01, 2009 - Denver, CO

Colorado Coverage & Current Trends

October 17, 2008 - Colorado Springs, CO

Industry Sectors

Education

  • University of Washington, J.D., 1997
  • University of Denver, B.S.B.A., 1993
  • Colorado
  • Washington
  • Colorado Supreme Court
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court -- Colorado
  • U.S. District Court -- Eastern District of Washington
  • U.S. District Court -- Western District of Washington
  • Washington Supreme Court
  • Colorado Bar Association
  • Defense Research Institute
  • Denver Bar Association
  • Washington State Bar Association