Practice Areas

Industries

Representative Clients

Allstate - Regional Trial and Appellate Counsel
Amica Mutual Insurance Co.
Nationwide Insurance
USAA

John M. Vaught

Senior Counsel

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P 303.244.1876
| F 303.244.1879

Education

St. Mary's University School of Law, J.D., 1978, summa cum laude
St. Mary's Law Journal, Associate Editor
Outstanding Commercial Law Graduate
Stephen F. Austin State University, B.S., 1969, Business and Economics
Student Body President, 1968-1969

Practice Areas

Industries

Click here for John's mediation bio.

John Vaught's litigation practice emphasizes complex insurance defense, including class actions, securities fraud class actions, corporate governance issues, liability and director and officer insurance disputes, trade secrets, intellectual property, commercial, and antitrust matters. In addition, John has substantial litigation, mediation, and trial experience in the federal courts and in Colorado and Missouri involving complex commercial litigation, including the defense of class action litigation. His appellate experience includes the Tenth Circuit and the Colorado Supreme Court, as well as courts of appeals in Colorado and Missouri. John has successfully defeated motions for class certification (other than settlement classes) in dozens of major class actions involving insurance, securities fraud, and consumer products.

In 2013, John was selected by USAA as one of the company's two national counsel in the United States. He leads the WTO team that oversees the defense of automobile insurance cases nationwide involving personal injury protection and medical payments coverage.

Other Experience

Gibson, Dunn & Crutcher, LLP, Partner
Holland & Hart LLP, Partner

Legal Memberships, Activities, and Honors

The Best Lawyers in America
Appellate Practice, 2018-2020
Commercial Litigation, 2007-2020
Insurance Law, 2007-2020

Insurance Litigation, 2016-2020
    Securities Litigation, 2014-2020
Colorado Super Lawyers
    Business Litigation, 2014-2019
    Appellate, 2012-2013
    Class Action/Mass Torts, 2006-2011
    Colorado Top 100, 2013, 2015-2017
    Colorado Top 50, 2008, 2010

Best of the Bar, Denver Business Journal
Commercial Litigation, 2005
Benchmark Litigation
Appellate - Colorado, 2014
Martindale-Hubbell AV^® Preeminent Peer Review Rated

Colorado Bar Association
   President 2018-present
   President-Elect 2017-2018
    Member, Board of Governors, 2000-2002, 2012-2017
   Member, Joint Management Committee, 2017-present
    Member Liaison and Budget Committee, Colorado Bar Association
  and Denver Bar Association 2012-2014
    Founding Chair, CBA Military & Veterans Affairs Section, 2012-present
   Co-Chair, Colorado Lawyers for Colorado Veterans Committee,
   2012-present
    Standing Committee for CBA Mentoring Program, 2012-present
    Member, Budget Committee, 2011, 2014
    Member, Task Force on Multidisciplinary Practice, 1999

    Nominee, Young Lawyer of the Year, 1984
    Founder and former Chairman, Securities Litigation Subsection of
   Litigation Section, 1993-1996
    Reporting Liaison, Chief Justice's Commission on Civil Justice

Denver Bar Association

    President, 2014-2015
    President-Elect, July 2013-2014
    First Vice President, 2012-2013
    First Vice President-Elect., 2011-2012
    Member, Board of Trustees, 2012-2015
    Member, Three Person Executive Committee
    Host Committee, DBA Barrister's Ball, 2012-2014
    Board Member, Barrister's Benefit Ball Fundraising
Committee, 2013-2014
    Member, Nominating Committee, 1989, 2013, 2014

    Chairman, Young Lawyers' Section, 1984
    Member, Board of Governors, 1984-1985; 2000-2002, 2012-2015
American Bar Association
    Colorado and Wyoming Representative to the Executive
        Committee, ABA Young Lawyers' Division, 1984-1985
Colorado Bar Foundation
    Fellow
    Member, Board of Trustees, 2013-present
    Member, Board of Directors and Treasurer, 2012-2015

Legal Aid Foundation of Colorado, Trustee, 2018 - present

Defense Research Institute

Reporting Liaison, Chief Justice's Commission on Civil Justice
Reporting Member, 2013
Mentor Pilot Program

    Standing Committee, 2011-present
Tenth Circuit Judicial Conference
    Member, 1984-present
    Committee Member, Program and Host Committee, 1998
National Institute for Trial Advocacy
    Faculty Member, 1992-present
    Appointed Member, International Faculty, 1999
University of Colorado Trial Advocacy Program
    Faculty Member, 1990-1991

St. Mary's University School of Law Alumni Association
Member, Board of Directors, 1992-1994

St. Mary's University School of Law commencement speaker, May 2013
Colorado Governor’s Service Award for Outstanding Veteran Volunteer, 2017

Community Memberships, Activities, and Honors

St. Mary's University
Board of Trustees, 2016-2018

Teaching Positions

National Institute for Trial Advocacy
Faculty, 1992-Present
International Faculty
University of Colorado Trial Advocacy Program
Lecturer on the history of the Vietnam War

John Vaught has extensive class action defense experience for insurance companies, as well as extensive securities litigation experience. He is President of the Colorado Bar Association. Click here for John's mediation bio.

Representative Cases Insurance Insurance

Edwards v. USAA (Colo. Boulder Cnty. Dist. Ct. 2017) - Won a defense verdict for USAA against a claim of negligent misrepresentation after a contentious appeal. After prevailing on eight claims on summary judgment, one claim was remanded for trial after an appeal. USAA won on the final claim after a six-day jury trial in Boulder County.
Jewkes v. USAA (D. Colo. 2015) - Successfully defended insurer USAA in an insurance bad faith and breach of contract trial arising out of the devastating Waldo Canyon wildfire of 2012. The plaintiff voluntarily dismissed one claim the morning of trial, lost another claim, and was awarded just five figures on the third claim after having demanded more than $1 million.
Represented USAA as national trial and coordinating counsel in all medical payments and PIP lawsuits nationwide.
Served as principal counsel to Allstate Insurance Company in purported class actions and non-class cases involving the alleged failure to properly offer extended PIP coverage to all its insureds in Colorado and regarding UM/UIM, motorcycle PIP coverage, and diminished value litigation. WTO attorneys successfully defended approximately 100 APIP cases for Allstate entities.

Class Actions Class Actions

Snyder v. ACORD, 2019 WL 319407 & 2016 WL 192270 (D. Colo.) - Represented seven codefendants in a property insurance class action lawsuit in Colorado. Plaintiffs claimed they were systematically underinsured in a "monumental" conspiracy, in violation of federal RICO and antitrust laws, and involving virtually all property insurers in Colorado as well as industry trade groups. WTO served as liaison counsel and argued the successful motion for the fee award of more than $1.5 million.
Allen v. USAA (D. Colo. 2017) - Obtained summary judgment for USAA against a putative class action alleging that USAA's time limitation on Med-Pay benefits violated Colorado law and that USAA failed to disclose the time limitation.
Represented Farmers Insurance in two Washington insurance class actions alleging unrepairable damage claims under UIM property-damage coverage.
Cortez v. USAA CIC - Won summary judgment for USAA based on a plaintiff's lack of standing in a putative class action regarding the contractual time limitation for medical payments coverage.
Served as Colorado class action counsel to Liberty Mutual and Zurich Insurance relating to alleged improper payment to Colorado healthcare providers for treatment of workers' compensation patients.
Served as class action counsel to Aetna and Aetna US Healthcare in alleged class litigation filed throughout the United States, including a class challenge to a nationwide HMO system of healthcare.
Won a class action appeal for USAA regarding denial of class certification in a UM/UIM rate case. On remand, the case settled for nuisance value.
Served as principal counsel to Allstate Insurance Company for class action litigation in Colorado. Successfully represented Allstate in a purported nationwide class action relating to its customer service and quality pledge programs.
Successfully represented County Mutual Insurance Company in a purported Colorado class action relating to automobile coverage and premium pricing.
Successfully represented USAA in a purported class action involving the alleged failure to offer extended personal injury protection (APIP) to its members in violation of the Colorado PIP statute.
Served as defense counsel to Allied Insurance in a purported class action involving the alleged underpayment of PIP benefits.
Successfully represented numerous insurance companies in approximately 25 purported class actions filed on behalf of all Colorado policyholders regarding extended personal injury protection coverage and related bad faith allegations.
Served as principal counsel to Aetna Health Plans in statewide class litigation in Colorado over alleged violations involving coordination of benefits with Colorado automobile no-fault carriers.

Securities & Consumer Fraud Class Actions Securities & Consumer Fraud Class Actions

Successfully defended a large Colorado automobile dealer in a consumer class action in which the plaintiffs alleged violations of the federal Telephone Consumer Protection Act and sought hundreds of millions of dollars in damages. The trial court denied class certification, and the Colorado Court of Appeals affirmed that order on appeal, and the Colorado and U.S. Supreme Courts denied certiorari.
Retained in March 2010 to advise outside directors in sections 11 and 10b securities fraud class action in the U.S. District Court for the District of Colorado.
Represented Meredith Corporation in securities fraud/franchise class litigation.
Represented Citicorp Diners Club in a nationwide class action against all officers and enlisted personnel in the U.S. Air Force relating to purported fraud in the Diners Club frequent flyer and cardmember bonus programs.
Represented Seymour Cray and Cray Computer Corp. in section 10b securities fraud/shareholder class litigation over the development of the Cray III supercomputer.
Represented American Airlines & AMR in class actions involving jet fuel and Avgas tax and baggage handling equipment at Denver International Airport.
Represented Costco predecessor Pace Membership Warehouse in section 10b securities fraud/shareholder class litigation.
Represented Texaco in a nationwide class action filed by all female employees.
Represented Amdura Corporation in sections 11 and 10b securities fraud/shareholder class litigation.
Represented Quovadx Corporation in section 10b securities fraud/shareholder litigation over the exchange offer with Rogue Wave Corporation.
Represented Whirlpool and Sears in a nationwide consumer fraud class action involving a microwave oven recall.

Appeals Appeals

Byorth et al. v. USAA, 2016 MT 32 - Won Montana Supreme Court reversal of class certification against USAA in bad faith litigation and remand to the district court for further proceedings.
Represented a member of the U-Haul family before the Colorado Court of Appeals.
Successfully represented Security Life of Denver before the Colorado Supreme Court and in federal court in matters involving the Colorado Consumer Protection Act.

Other Relevant Experience Other Relevant Experience

Represented Chrysler Group LLC in Oregon involving dealership arbitrations following Chrysler LLC's bankruptcy in 2010.
Represented Vestas in litigation involving wind energy systems.
Served as Colorado counsel to Tenet Healthcare in actions alleging psychiatric false imprisonment by mental health facilities operating in Colorado.