Michael D. Drews is Senior Counsel at Tyson & Mendes. Mr. Drews has a wealth of experience and enjoys the challenges of handling cases that draw from a number of diverse practice areas, including professional liability, premises liability, personal injury, wrongful death, medical malpractice, insurance law and bad-faith litigation, employment law, interstate trucking and transportation law, commercial law, and construction defects.
Mr. Drews has successfully represented not only individuals and small business owners, but also hospitals, physicians, attorneys, directors and officers, large corporate entities, insurance companies, airlines, general contractors, construction managers, and interstate trucking and transportation companies. He takes pride in his ability to counsel his clients and explain complex legal issues in easy to understand ways. While Mr. Drews is particularly adept in the courtroom and enjoys trial work, he is equally skilled in evaluating his cases, developing a theory of the case, and working toward favorable dispositions for his clients short of trial, for instance settling matters by way of mediation.
Mr. Drews is admitted to practice law in Colorado, New York, Connecticut, the United States District Court for the District of Colorado, the United States District Court for the Southern District of New York, and the United States District Court for the Eastern District of New York. Mr. Drews obtained his J.D. from the Hofstra University School of Law in 2002. During law school, Mr. Drews served on the Family Court Review as a Staff Editor and Notes and Comments Editor. His Student Note was selected for publication in the July 2002 edition (Determining the Effective Representation of a Child in Our Legal System: Do Current Standards Accomplish the Goal?, 40 Fam. Ct. Rev. 383 (2002)). His Student Note was also one of six articles published in a special edition compiled for the 2004 Association of Family and Conciliation Courts Family Law Education Forum in San Antonio, Texas. In addition, Mr. Drews was the recipient of the New York State Bar Association’s 2002 Law Student Ethics Award, a member of the Long Island Moot Court Competition Team, and a Law Student Advocate in the Criminal Justice Clinic. Mr. Drews obtained his B.S. in business from Fairfield University in 1999. During college, Mr. Drews was a player on the Men’s Varsity Lacrosse team (NCAA Division I) and a Justice on the Fairfield University Student Court, hearing honor code violations and other student misconduct.
During his free time, Mr. Drews enjoys every moment with his two amazing boys and rooting on his beloved New York Mets, Buffalo Bills, and Buffalo Sabres. He can also be found playing lacrosse all year long in various leagues and tournaments.
Claims for bad faith breach of insurance contract can arise in first-party and third-partyi contexts. This article will address the former. First-party bad faith cases involve an insurance company refusing to make or delaying payments owed directly to its insured under a first-party policy such as life, health, disability, property, fire, or no-fault auto insurance. ii In essence, the insurer’s actions expose the insured to being personally liable for the monetary obligations underlying the insured’s claims.
Have you ever been faced with a situation where an insurance policy was issued in one state, but a motor vehicle accident involving the covered auto occurs in another? Of course, the first step is to consult the policy and locate the choice of law provision, but what do you do when there is not one contained in the policy?
The Colorado wrongful death statute specifies who may file a wrongful death claim, including time limits to each potential plaintiff’s ability to commence an action. The surviving spouse of decedent is the only person who may file a wrongful death claim in the first year after death. During the second year after death, both the surviving spouse and the surviving children of decedent are allowed to file a claim. If the decedent left no surviving spouse and no surviving children, then decedent’s parents may file a wrongful death claim.
Us Generation Xer’s will be the last generation who can recall a life in a world without internet, computer dependency, cellphones, safe playgrounds, and, the subject of this article, wearing helmets while riding our bicycles (we are also the last generation to recall what really good music sounds like, but I digress). As apathetic Gen Xers retired their flannel and baggy clothes in favor of becoming responsible parents, it would be unthinkable to not outfit our children with a helmet. Statistics support the use of a helmet…
Everyone is aware of the “Click It or Ticket” national campaign to ensure drivers and passengers buckle up to reduce traffic related injuries and deaths on our highways. Of course, that campaign is aimed toward the traffic infraction/moving violation punitive side of the justice system, not civil matters. So, what happens in Colorado when a plaintiff commences a civil suit for injuries and damages sustained in a motor vehicle accident, but he or she failed to use a seatbelt?
The Colorado Supreme Court said it best: “the law of premises liability in Colorado has had something of a checkered history.” In 1971, the Court overruled the common-law distinctions between trespassers, licensees, and invitees in determining the standard of care owed by the occupier of land towards those who come upon the land, because those principles occasioned harsh…
We tend to see plaintiffs filing in the wrong venue when the insured is a foreign business entity. Reason being, foreign business entities are, by their very definition, organized under the laws of another state, so the appropriate venue is not always so clear. When plaintiffs do it wrong in Colorado, they typically have filed the lawsuit in Boulder or Denver County. Why? Because those two jurisdictions tend to be the most liberal, plaintiff friendly…
In July 2019, we explained in an article, entitled: “Colorado’s Damages Caps will Increase for the First Time in 12 Years on January 1, 2020,” Senate Bill 19-109 had been signed into law, which would raise the caps on noneconomic damages, derivative noneconomic damages, wrongful death, solatium, and dram shop/social host statutes for inflation. However, at the time of writing the article, the new cap amounts going into…
On May 22, 2019, Colorado’s Governor, Jared Polis, signed House Bill 19-1283 into law, amending C.R.S. §10-3-1101, requiring insurers to provide certain automobile policy information upon claimant request or face significant penalties. The law took effect on January 1, 2020.
Colorado’s Made Whole Doctrine first appeared in 1989, in the case of Kral v. American Hardware Mut. Ins. Co. However, the Colorado Supreme Court’s decision was limited to whether the enforcement of agreements reducing an insured’s liability for uninsured motorist coverage was proper when such enforcement would leave an insured less than fully compensated for loss caused by the negligent conduct of a financially irresponsible motorist.