303.592.5900

Thomas Neville
Working On the Cutting Edge of the Law

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303.592.5900
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Thomas Neville works on the cutting edge of the law. As an appellate attorney specializing in insurance bad faith litigation, Thomas has been instrumental in several of Colorado’s most significant recent insurance bad faith and other appellate decisions. Thomas’ practice focuses on insurance disputes, assisting individuals whose insurance companies have abandoned them, leaving claims unpaid, or refusing to protect their insureds’ assets and livelihood from claims brought by injured parties. Thomas has represented clients in these kinds of cases both at the trial court and appellate levels. Thomas acquired a firm grasp of the appellate process while working as a law clerk for the Colorado Court of Appeals. Among the cases in which Thomas has had a significant role are the following:

  • When an insurance company unreasonably refused to settle a lawsuit against its insured, Thomas was instrumental in writing the appellate briefs and arguing before the Colorado Supreme Court in the seminal Nunn v. Mid-Century Ins. Co., 244 P.3d 116 (Colo. 2010). In the decision, the Supreme Court decided that an insured defendant whose insurance company unreasonably refuses to settle a claim may enter into a stipulated judgment in excess of policy limits so that the insured can assign the bad faith claim to the claimant.
  • Kendrick v. Pippin, 252 P.3d 1052 (Colo. 2011) (for amicus curiae Colorado Trial Lawyers Association).
  • Qwest Services Corp. v. Blood, 252 P.3d 1071 (Colo. 2011) (for amicus curiae Colorado Trial Lawyers Association).

Thomas graduated from the University of Denver, Sturm College of Law in the top 10% of his class. Thomas joined Ogborn Mihm LLP at its founding in 2012. While at Ogborn Mihm, LLP, Thomas has pursued appeals in many areas of the law. Thomas’ analytical and writing skills make him well suited to address complex, technical issues and appellate matters.

Thomas is also an active member of the Colorado Trial Lawyers Association (CTLA), where he co-chairs the Amicus Curiae (Friend of the Court) Committee. Members of the Amicus Committee donate their time to support litigants who have appellate issues with far reaching impact for the people of Colorado. For example, Thomas was a key advocate in convincing the Colorado Supreme Court to abolish the archaic “sudden emergency doctrine,” which allowed individuals who had negligently injured others to avoid taking responsibility for their actions by claiming that everyday events, like encountering icy roads, constituted unforeseeable emergency situations.

Thomas grew up in Alaska, the son of a private detective (his father) and a state district judge (his mother). Before becoming an attorney, Thomas worked for a software company in Boulder, Colorado. A self-described “geek” and (when he has time) a dedicated video gamer, Thomas understands Internet and telecommunications technology. Thomas is married and has two sons. He is an active Cub Scout parent.

Profile

Areas of Practice:

  • Insurance Bad Faith Litigation
  • Professional Malpractice
  • Commercial Litigation
  • Personal Injury and Appeals

Education:

  • University of Denver College of Law, 2003, Order of St. Ives
  • B.A. Gonzaga University, 1998

Admissions:

  • Colorado
  • U.S. District Court of Colorado
  • United States Court of Appeals for the Federal Circuit

Professional

Publications

  • Boyle N. and Neville T., “Open and Accepting Your Requests for Amicus Curiae Assistance,” Trial Talk, February/March 2012.

Professional Successes, Professional Development, Bar Association Involvement

  • Nunn v. Mid-Century Ins. Co., 215 P.3d 1196 (Colo. App. 2008).
  • Nunn v. Mid-Century Ins. Co., 244 P.3d 116 (Colo. 2010).
  • Kendrick v. Pippin, 252 P.3d 1052 (Colo. 2011) (for amicus curiae Colorado Trial Lawyers Association).
  • Qwest Services Corp. v. Blood, 252 P.3d 1071 (Colo. 2011) (for amicus curiae Colorado Trial Lawyers Association).
  • Cloer v. Secretary of Health and Human Services, 654 F. 3d 1322 (Fed. Cir. 2011) (for amicus curiae Colorado Trial Lawyers Association).
  • Accident & Injury Medical Specialists, P.C. v. Mintz, 279 P.3d 658 (Colo. 2012) (for amicus curiae Colorado Trial Lawyers Association).
  • Bedor v. Johnson, 292 P.3d 924 (Colo. 2013) (for amicus curiae Colorado Trial Lawyers Association).
  • Bailey v. Duling, 827 N.W.2d 351 (S.D. 2013).
  • Successfully argued for the recognition of the Nunn agreement, a mechanism which permits an insured whose insurer is acting in bad faith to protect him or herself by assigning any bad faith claims to the injured party in exchange for a covenant not to execute on a stipulated judgment.
  • Represented a consulting firm in a dispute between it and a software development firm which had charged hundreds of thousands of dollars to design and program software that never functioned.
  • Represented a medical device manufacturer in a bad faith breach of insurance contract suit against its insurer arising out of the mismanagement of an eroding limits policy in a nationwide mass tort case.
  • Editor of chapter about Appellate Malpractice in the treatise Lawyers’ Professional Liability in Colorado.
  • Achieved favorable settlement of uninsured motorist case for young woman seriously injured in head-on car crash.
  • Colorado Trial Lawyers Association—Case of the Year Finalist in 2012.

Involvement

Human Interest, Volunteer Work

  • Traveled to Guatemala to work for Habitat for Humanity for two weeks.
  • Active Cub Scout Parent

Videos

Videos

Who Am I: Thomas Neville


 Who Am I: Thomas Neville
Who Am I: Thomas Neville
 Insurance Coverage – The Insurers Duties
Insurance Coverage – The Insurers Duties
 
 
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