Gregory R. Giometti

Gregory R. Giometti

Gregory R. Giometti
Denver, Colorado

Mr. Giometti is an AV Preeminent Rated™ civil litigation attorney, with 38 years of experience, including approximately 80 civil jury trials in Colorado courts since 1989. He is highly experienced in handling all phases of civil litigation, from discovery through appeal. His practice also includes publication of legal treatises and articles, teaching professional education seminars for attorneys and insurance carriers, expert witness testimony, and participation in professional organizations and committees.                                            Mr. Giometti is active in the American Bar Association, serving as one of the vice-chairs of the Insurance Coverage Litigation Committee of TIPS, the Tort Trial and Insurance Practice Section.

Year Joined Organization:

2006

Areas of Practice:

Civil Litigation

Wrongful Death Litigation

Insurance Coverage Litigation

Insurance Bad Faith Litigation

Fire Cases

Insurance Fraud Investigation

Bodily Injury Litigation

Premises Liability

Product Liability Matters

Construction Litigation

Probate Litigation

Ski Injury Litigation

Expert Witness Services

Litigation Percentage:

95% of Practice Devoted to Litigation

   Certification/Specialties:

Fellow, Colorado Bar Foundation, 2003.

Outstanding Advocate Award, Idaho Association of Defense Counsel, 1982.

Richard N. Doyle CLE Award of Excellence, 2012.

Bar Admissions:

Idaho, September 24, 1982

Colorado, October 21, 1987

U.S. District Court for the District of Colorado, October 23, 1987

U.S. District Court for the District of Idaho, September 24, 1982

U.S. Court of Appeals, Ninth Circuit, April 9, 1985

U.S. Court of Appeals, Tenth Circuit, November 24, 1987

Education:

University of Idaho College of Law, Moscow, Idaho, J.D., 1982.

University of Oregon, Eugene, Oregon, B.A., Major:  History, 1979.

University of California, Berkeley.

    Professional Associations and Memberships:

ABA, Tort Trial and Insurance Practice Section, Insurance Coverage Litigation Committee, Vice-Chair, 2004-Present

ABA, Tort Trial and Insurance Practice Section, Insurance Coverage Litigation Committee, Chair 2nd Elect for the 2021 Mid-Year meeting, February 2021.

ABA, Tort Trial and Insurance Practice Section, Ethics and Professional Standing Committee, Member, 2019-present.

Colorado Bar Association, 1987-present.

American Board of Trial Advocates (ABOTA), Rank of Advocate, October 15,2011.

Published Works:

Colorado Ski Law, Co-Author (2019).

Recent Developments in Insurance Coverage Litigation, Article Author, Tort Trial & Insurance Practice Law Journal, Vol. 54, No. 2, Spring 2019.

Colorado Law of Insurance Bad Faith (1996; 2nd Ed. 1999; 3rd Ed. 2009; 4^th Ed. 2015).

Handbook of Colorado Wrongful Death Law (1997; 2002; 2010; 3^rd Ed. 2015, 4^th Ed. 2019).

Colorado Automobile Accident Litigation & Insurance Handbook (2001; Supplemented 2004, 2007; 2^nd Ed. 2013; 3^rd Ed. 2018).

Colorado Courtroom Handbook for Civil Trials Chapter authors (Amanda Burke and Gregory Giometti) (1998; Supplemented 2008 and 2010).

Author of Evidence Chapter, Annual Survey of Colorado Law (1997-2002).

Weinstein v. Prudential: Pay Ongoing Claims Before a Final Settlement?

2011. R. Giometti & J. M. Pellant, The Advocate (Official Publication of the Idaho State Bar), Vol. 54, No. 2, February 2011.

Recent Developments in Insurance Coverage Litigation, Article Editor, Tort Trial & Insurance Practice Law Journal, Vol. 49, No. 1, Fall 2013.

Recent Developments in Insurance Coverage Law, Article Editor, Tort Trial & Insurance Practice Law Journal, Vol. 50, No. 2, Winter 2015.

Recent Developments in Insurance Coverage, Article Editor, Tort Trial & Insurance Practice Law Journal, Vol. 52, No. 2, Winter 2017.

Recent Developments in Insurance Coverage, Article Co-Author, Tort Trial & Insurance Practice Law Journal, Vol. 54, No. 2, Spring 2019.

Representative Cases:

Colorado Appellate Courts: 

Melssen v. Auto-Owners Ins. Co., 285 P.3d 328 (Colo.App. 2012).

Vickery v. Evans, 266 P.3d 390 (Colo. 2011).

Vickery v. Evelyn V. Trumble Living Trust, 277 P.3d 864 (Colo.App. 2011).

Vickery v. Vickery, 271 P.3d 516 (Colo.App. 2010).

Silva v. Wilcox, 223 P.3d 516 (Colo.App. 2010).

Pullen v. Walker, 228 P.3d 158 (Colo.App. 2008).

Progressive Specialty Ins. Co. v. Hartford Underwriters Ins. Co., 148 P.3d 470 (Colo.App. 2006).

State Farm Mut. Auto. Ins. Co. v. Brekke, 105 P.3d 177 (Colo. 2004), attorney for amicus, Colorado Defense Lawyers Association.

White v. Progressive Mountain Ins. Co., 62 P.3d 1074 (Colo.App. 2002).

Grange Ins. Ass’n v. Hoehne, 56 P.3d 111 (Colo.App. 2002).

Progressive Cas. Ins. Co. v. Herring, 22 P.3d 66 (Colo. 2001).

Hale v. Erickson, 23 P.3d 1255 (Colo.App. 2001).

Margenau v. Bowlin, 12 P.3d 1214 (Colo.App. 2000).

Nasca v. State Farm Mut. Auto. Ins. Co., 12 P.3d 346 (Colo App. 2000).

A.T. v. State Farm Mut. Auto. Ins. Co., 989 P.2d 219 (Colo.App. 1999).

Hansen v. State Farm Mut. Auto. Ins. Co., 957 P.2d 1380 (Colo. 1998).

Loza v. State Farm Mut. Auto. Ins. Co., 971 P.2d 251 (Colo.App. 1998).

State Farm Mut. Auto. Ins. Co. v. Peiffer, 955 P.2d 1008 (Colo. 1998).

Loza v. State Farm Mut. Auto. Ins. Co., 970 P.2d 478 (Colo.App. 1997).

Peiffer v. State Farm Mut. Auto. Ins. Co., 940 P.2d 967 (Colo.App. 1996).

Martinez v. Lewis, 942 P.2d 1219 (Colo. App. 1996).

Tynan’s Nissan, Inc. v. American Hardware Mut. Ins. Co., 917 P.2d 321 (Colo.App. 1995). 

10^th Circuit and U.S. Dist. Ct. for Dist. of Colorado — Published Decisions & Orders: 

656 Logan Streeet Condominium Association, Inc. v. Owners Insurance Company, ___ F.Supp.3d ___, 2019 WL 2897718 (D. Colo., June 18, 2019). 

Auto-Owners Ins. Co. v. High Country Coatings, Inc., ___ F. Supp. 3d ___, 2019 WL 2613218 (D. Colo., April 24, 2019).

Brookshire Downs at Heatherridge Condominium Association, Inc. v. Owners Insurance Company, 366 F. Supp.3d 1224, 2019 WL 764480 (D. Colo., February 21, 2019). 

Brookshire Downs at Heatherridge Condominium Association, Inc. v. Owners Insurance Company, 324 F. Supp.3d 1201, 2018 WL 3633488 (D. Colo., July 31, 2018).

Auto-Owners Insurance Company v. Csaszar, 893 F.3d 729, 2018 WL 3029155 (10^th Cir., June 19, 2018).

Auto-Owners Ins. Co. v. High Country Coatings, Inc., 261 F. Supp. 3d 1129, 2017 WL 2537093 (D. Colo., June 12, 2017).

Auto-Owners Ins. Co. v. Summit Park Townhome Ass’n., 198 F.Supp.3d 1239, 2016 WL 4132186 (D. Colo., August 1, 2016).

Etherton v. Owners Ins. Co., 829 F.3rd 1209, 2016 WL 3912812 (10th Cir., July 19, 2016).

Colo. Hospitality Services, Inc. v. Owners Ins. Co., 154 F.Supp.3d 1173, 2015 WL 9583383 (D. Colo., December 31, 2015).

Auto-Owners Ins. Co. v. Summit Park Townhome Ass’n., 129 F.Supp.3d 1150, 2015 WL 5284704 (D. Colo., September 10, 2015).

Auto-Owners Ins. Co. v. Summit Park Townhome Ass’n, 100 F.Supp.3d 1099, 2015 WL 1740818 (D. Colo., April 14, 2015).

Etherton v. Owners Ins. Co., 82 F.Supp.3d 1190, 2015 WL 920689 (D. Colo., March 2, 2015).

Etherton v. Owners Ins. Co., 35 F.Supp.3d 1360, 2014 WL 1302483 (D. Colo., March 31, 2014).  

10^th Circuit and U.S. Dist. Ct. for Dist. of Colorado- Unpublished Decisions & Orders:

Brookshire Downs at Heatherridge Condominium Association, Inc. v. Owners Insurance Company, 2019 WL 1228060 (D. Colo., March 15, 2019).

El Tejado Broadway, Inc. v. Owners Insurance Company, 2018 WL 5292132 (D. Colo. October 25, 2018).

Markham v. Auto-Owners Insurance Company, 2018 WL 6791106 (D. Colo., September 26, 2018). 

Nesavich, v. Auto-Owners Insurance Company, 2018 WL 3729513 (D. Colo., August 6, 2018). 

Nesavich, v. Auto-Owners Insurance Company, 2018 WL 1610299 (D. Colo., April 3, 2018). 

Dowling v. General Motors LLC, 2018 WL 1566832 (D. Colo., March 30, 2018). 

Jaccaud v. Owners Insurance Company, 2018 WL 1304529 (D. Colo., March 12, 2018). 

Owners Insurance Company v. Kasloff, 2018 WL 1173151 (D. Colo., March 6, 2018).

William Penn Reality, LLC v. Auto-Owners Insurance Company, 2018 WL 1449412 (D. Colo., January 9, 2018).

Cherry Grove East II Condominium Association, Inc. v. Philadelphia Indemnity Insurance Company, 2017 WL 3945038 (D. Colo., December 20, 2017). 

Auto-Owners Ins. Co. v. Unruh, 2017 WL 5130199 (D. Colo., November 6, 2017). 

Schimek v. Owners Insurance Company, 2017 WL 3621833 (D. Colo., August 23, 2017).

Murphy-Sims v. Owners Ins. Co., 2017 WL 2865679 (D. Colo., March 17, 2017).

Auto-Owners Insurance Company v. Csaszar, 2017 WL 5188338 (D. Colo., January 26, 2017). 

Nesavich v. Auto-Owners Insurance Company, 2016 WL 10919522 (D. Colo., July 8, 2016).

Auto-Owners Insurance Company v. Summit Park Townhome Association, 2016 WL 1375561 (D. Colo., April 6, 2016).

Auto-Owners Insurance Company v. Summit Park Townhome Association, 2016 WL 1321507 (D. Colo., April 5, 2016).

Dillon v. Auto-Owners Ins. Co., 2016 WL 943775 (D. Colo., March 14, 2016).

Etherton v. Owners Insurance Company. 2016 WL 9725288 (D. Colo., February 22, 2016).

Traenkner v. Capalbo, 2016 WL 471385 (D. Colo., February 8, 2016).

Williams v. Owners Insurance Company, 2016 WL 345420 (D. Colo., January 28, 2016).

Dillon v. Auto-Owners Insurance Company, 2015 WL 6164059 (D. Colo., October 21, 2015).

Colorado Hospitality Services, Inc. v. Owners Ins. Co., 2015 WL 6098639 (D. Colo., October 16, 2015). 

Colo. Hospitality Services, Inc. v. Owners Ins. Co., 2015 WL 5159086 (D. Colo., September 3, 2015).

Gargano v. Owners Ins. Co., 623 Fed. Appx. 921, 2015 WL 4901945 (CA 10 (Colo.), August 18, 2015).

Dillon v. Auto-Owners Ins. Co., 2015 WL 4710960 (D. Colo., August 7, 2015).

Williams v. Owners Ins. Co., 2015 WL 4257656 (CA 10 (Colo.), July 15, 2015).

Colorado Hospitality Services, Inc. v. Owners Ins. Co., 2015 WL 4245821 (D. Colo., July 14, 2015).

Bagher v. Auto-Owners Insurance Company, 2015 WL 1475104 (D. Colo., March 27, 2015). 

Bagher v. Auto-Owners Insurance Company, 2015 WL 1510774 (D. Colo., March 27, 2015).

Bagher v. Auto-Owners Insurance Company, 2015 WL 1408539 (D. Colo., March 25, 2015).

Colo. Hospitality Services, Inc. v. Owners Ins. Co., 2015 WL 4497437 (D. Colo., January 28, 2015).

Auto-Owners Insurance Company v. Next Generation Energy, LLC, 2014 WL 7251678 (D. Colo., December 19, 2014).

Dillon v. Auto-Owners Insurance Company, 2014 WL 4976315 (D. Colo., October 6, 2014).

Gargano v. Owners Ins. Co., 2014 WL 3843786 (D. Colo., August 5, 2014).

Williams v. Auto-Owners Insurance Company, 2014 WL 12537030 (D. Colo., March 25, 2014).

Bagher v. Auto-Owners Ins. Co., 2014 WL 1224453 (D. Colo., March 25, 2014).

Gargano v. Owners Ins. Co., 2014 WL 1032303 (D. Colo., March 18, 2014).

Bituminous Casualty Co. v. Trinity Universal Ins. Co. of Kansas, 2014 WL 486077 (D. Colo., February 6, 2014).

Etherton v. Owners Ins. Co., 2013 WL 5443068 (D. Colo., September 30, 2013).

Bagher v. Auto-Owners Ins. Co., 2013 WL 5417127 (D. Colo, September 26, 2013).

Bagher v. Auto-Owners Ins. Co., 2013 WL 4781600 (D. Colo., September 6, 2013).

Peters v. Community Corrections, Inc. Employee Ben. Plan, 2013 WL 4046686 (D. Colo. August 9, 2013).

Bagher v. Auto-Owners Ins. Co., 2013 WL 3010694 (D. Colo., June 18, 2013).

Land v. Auto-Owners Ins. Co., 511 Fed.Appx. 795, 2013 WL 657180 (CA 10 (Colo.), February 25, 2013).

Etherton v. Owners Ins. Co., 2013 WL 68702 (D. Colo., January 7, 2013).

Etherton v. Owners Ins. Co., 2012 WL 4034386 (D. Colo., September 13, 2012).

Huff v. Colorado Dept of Corrections/Limon Correctional Facility, 2012 WL 3135715 (D. Colo., July 31, 2012).

Riverdale Peaks Homeowners Ass’n v. Auto-Owners Ins. Co., 2012 WL 1340388 (D. Colo., April 18, 2012).

Etherton v. Owners Ins. Co., 2011 WL 4565733 (D. Colo., September 29, 2011).

Etherton v. Owners Ins. Co., 2011 WL 684592 (D. Colo., February 18, 2011).

Home Design Services, Inc. v. B&B Custom Homes, LLC, 2018 WL 2302659 (D. Colo., May 30, 2008).

Home Design Services, Inc. v. B&B Custom Homes, LLC, 2018 WL 2302648 (D. Colo., May 30, 2008).

Home Design Services, Inc. v. B&B Custom Homes, LLC, 2017 WL 3342695 (D. Colo., November 8, 2007).

Colby v. Progressive Cas. Ins. Co., 218 Fed.Appx. 796, 2007 WL 603051 (CA 10 (Colo.) February 28, 2007).

Colby v. Progressive Casualty. Ins. Co., 2006 WL 1816448 (D. Colo., June 30, 2006).

Graham v. Progressive Casualty. Ins. Co., 113 Fed.Appx. 345, 2004 WL 2407127 (CA 10 (Colo.) October 28, 2004).

Idaho State and Federal Courts

Hydraulic & Air. Equip. Co. v. Mobil Oil Corp., 652 F.Supp. 633 (D. Idaho 1987). 

Kleiber v. City of Idaho Falls, 110 Idaho 501, 716 P.2d 1273 (1986).

Aetna Cas. & Sur. Co. v. Fairchild, 624 F.Supp. 567 (D. Idaho. 1986).

Aetna Cas. & Sur. Co. v. Fairchild, 620 F.Supp. 1245 (D. Idaho 1985).

References:

Wade Ash Woods Hill & Farley, P.C.

Law Office of Baird Brown, P.C.

Kaye & Bush, P.C.

Zupkus & Angel, P.C.

Classes/Seminars Taught:

“Colorado Ski Law,” November 15, 2019, C.L.E. in Colorado, Inc., Denver, CO.

“Auto Accident Insurance 2018,” February 20, 2018, C.L.E. in Colorado, Inc., Denver, CO.

“Cutting Edge Issues in Commercial Property Claims and Litigation,” Loss Executives Association, Atlanta, GA, June 16 & 17, 2016.

“Hotly Contested Issues in Insurance Bad Faith Litigation,” December 17, 2015, C.L.E. in Colorado, Inc., Denver, CO.

“Wrongful Death Law in Colorado: The Fundamentals,” June 3, 2015, C.L.E. in Colorado, Inc., Denver, CO.

“Uninsured and Underinsured Motorist Litigation from A to Z”, June 12, 2014, National Business Institute, Denver, CO.

“Uninsured and Underinsured Motorist Litigation from A to Z”, April 4, 2013, National Business Institute, Denver, CO.

“Contested Wills, When Intent is in Dispute”, September 21, 2012, C.L.E. in Colorado, Inc., Denver, CO.

“Direct and Cross-Examination of the Claims Adjuster in Insurance Coverage/Bad Faith Litigation: Plaintiff’s Objectives Versus Defense Strategy—An Interactive Experience,” February 16, 2012, Insurance Coverage Litigation Committee Midyear Program, Phoenix, AZ.

“Race to the Courthouse: Litigating Cross-Border Disputes and Bad Faith Claims,” August 5, 2011, American Bar Association Annual Meeting, Toronto, Ontario, Canada.

“Highly Contested Issues in Wrongful Death Litigation,” March 10, 2011, C.L.E. in Colorado, Inc., Denver, CO.

“Cutting Edge Issues in Colorado Insurance Bad Faith Law,” December 17, 2009, C.L.E. in Colorado, Inc., Denver, CO.

“Recent Developments in Colorado UM/UIM Law 2009,” October 30, 2009, Denver Claims Association, Greenwood Village, CO.

“Motor Vehicle Accident Law: 2008 Changes to the Uninsured Motorist Law and the Effects on Your Practice,” June 13, 2008, C.L.E. in Colorado, Inc., Denver, CO.

“Litigation Boot Camp II: Closing Argument and Post-Trial Issues,” June 11, 2008, C.L.E. in Colorado, Inc., Denver, CO.

“Tort Claims in Probate Administration,” September 22, 2006, C.L.E. in Colorado, Inc., Denver, CO.

“Avoiding Bad Faith in the Rescission of Insurance Policies,” August 5, 2006, Tort Trial and Insurance Practice Section (TIPS) of American Bar Association, Honolulu, Hawaii.

“The Definitive Guide to Settling Uninsured and Underinsured Motorist Claims in Colorado,” April 26, 2006, National Business Institute, Denver, CO.

“Wrongful Death Update,” October 23, 2005, C.L.E. in Colorado, Inc., Denver, CO.

“Civil Trial from Start to Finish: A Practical Approach to Trying a Civil Case in Colorado,” June 30, 2005, National Business Institute, Inc., Denver, CO.

“Tort Claims in Probate Administration,” June 9, 2005, Estate Planning Retreat, Trust & Estate Section of Colorado Bar Association, Telluride, CO.

“Personal Injury Litigation: A View from the Bench and Bar,” May 19, 2005, Colorado Bar Association, Denver, CO.

“Recent Developments in Wrongful Death Law,” August 15, 2003, Colorado Defense Lawyers Association, Breckenridge, CO.

“Wrongful Death in Colorado,” February 27, 2003, C.L.E. in Colorado, Inc., Denver, CO.

“Tort Update – Automobile Insurance and Litigation,” November 22, 2002, C.L.E. in Colorado, Inc., Denver, CO.

“Successful Handling of Wrongful Death Cases,” July 16, 2002, Lorman Education Services, Denver, CO.

“Strategies for Defending a Mild Traumatic Brain Injury Case,” June 14, 2002, American National Property & Casualty Company, SIU/MIST Annual Training Conference, Springfield, MO.

“Defending Claims Against Insurers Under the Colorado Consumer Protection Act,” April 9, 2002, Insurance Women of Denver, Denver, CO.

“Colorado Automobile Insurance 2001,” November 1, 2001, C.L.E. in Colorado, Inc., Denver, CO.

“How to Prove (Disprove) Damages,” September 21, 2001, C.L.E. in Colorado, Inc., Litigation Institute, Vail, CO.

“Torts and Damages Update,” October 26, 2000, C.L.E. in Colorado, Inc., Denver, CO.

“Anticipatory Declaratory Judgment Actions in Colorado,” August 19, 2000, Colorado Defense Lawyers Association, Steamboat Springs, CO.

“Adjusting the Automobile Injury Claim in Colorado,” February 16, 2000, National Business Institute, Inc., Denver, CO.

“Anticipatory Declaratory Judgment Actions in Colorado,” January 14, 2000, Denver Claims Association, Greenwood Village, CO.

“Keys to Effective Expert Witness Examination in Colorado,” August 17, 1999, National Business Institute, Inc., Denver, CO.

“How to Avoid Pitfalls in Wrongful Death Actions,” August 14, 1999, Colorado Defense Lawyers Association, Vail, CO.

“Trying the Wrongful Death Case in Colorado,” January 12, 1999, National Business Institute, Inc., Denver, CO.

“Automobile Insurance and Accident Litigation,” December 11, 1998, Lorman Education Services, Denver, CO.

“Bad Faith Law,” August 15, 1998, Colorado Defense Lawyers Association, Vail, CO.

“Adjusting the Automobile Injury Claim in Colorado,” August 12, 1998, National Business Institute, Inc., Denver, CO.

“Wrongful Death,” February 19, 1998, C.L.E. in Colorado, Inc., Denver, CO.

“Adjusting the Automobile Injury Claim in Colorado,” August 27, 1997, National Business Institute, Inc., Denver, CO.

“Trying the Wrongful Death Case in Colorado,” March 25, 1997, National Business Institute, Inc., Denver, CO.

“Insurance Bad Faith Claims in Colorado,” March 7, 1997, Lorman Education Services, Denver, CO.

“Current and Future Issues in Insurance Bad Faith Law,” June 7, 1996, C.L.E. in Colorado, Inc., Denver, CO.

Honors and Awards:

Fellow, Colorado Bar Foundation, 2003 – Present

Professional Associations and Memberships:

American Bar Association, Tort Trial & Insurance Practice Section, Vice-Chair, 2004 – Present.

American Bar Association, Tort Trial & Insurance Practice Section, Insurance Coverage Litigation Committee, Program Chair for the 2020 Mid-Year meeting, February 2020, (Responsible for coordinating a 12 hour CLE program on a variety of insurance coverage issues).

American Bar Association, Tort Trial & Insurance Practice Section, Ethics and Professional Standing Committee, Member, 2019-present.

Insurance Coverage Litigation Committee, Vice-chair

Colorado Bar Association, 1987 – Present

American Board of Trial Advocates (ABOTA), Rank of Advocate, October 15, 2011.

Colorado Claims Association

Denver Claims Association

Defense Research Institute

Past Employment Positions:

Seaman, Giometti & Murphy, P.C., President and Shareholder, October 15, 1996 – October 5, 2006

Creamer and Seaman, P.C., Associate Attorney, June 3, 1991 – October 14, 1996

Law Firm of Thomas J. de Marino, Law Department of The Travelers Insurance Company, Associate Counsel, 1989 – 1991

Stutz, Dyer, Miller & Delap, P.C., Denver, CO., Associate Attorney, 1987 – 1989

Quane, Smith, Howard & Hull, Boise, ID., Associate Attorney, 1983 – 1989

Hon. Roger Swanstrom, Idaho Court of Appeals, Boise, ID, Law Clerk, 1982 – 1983

Birth Information:

1949, San Francisco, California, United States of America