Despite Economic Implications to Employers and Businesses Colorado General Assembly Expands Actions for Direct Liability of Employers for the Negligent Conduct of Employees.
On May 17, 2021, Governor Jared Polis signed into law House Bill 21-1188 regarding additional liability of defendant employers who admit employee fault under the doctrine of respondeat superior. The doctrine of respondeat superior originates from 17th century English common law. The literal translation from Latin is “that the master must answer.” Under this doctrine […]
Jacquelyn Booker Prevails in Court of Appeals Affirming Summary Judgment in Favor of UIM Insurer
Jackie Booker and Joe Okon prevailed on an appeal to the Colorado Court of Appeals which determined choice of law did not afford plaintiff UIM benefits for a motor vehicle accident in Colorado under an Oregon insurance policy. The Court of Appeals went on to affirm the lower courts ruling that without benefits owed there […]
Ashley Larson and Jackie Booker Prevail in Trial of Premises Liability Matter
Ashley Larson and Jackie Booker obtained a defense verdict in favor of a retailer client. Plaintiff alleged he slipped and fell on a dollar size puddle of water at a store entrance while it was raining. The retail store utilized multiple mats in its entryway vestibule, including one at the door Plaintiff walked through. Plaintiff […]
Debra Sutton and Tom Walton Obtain Summary Judgment on Pollution Exclusion Contract Provision
Debra Sutton and Tom Walton prevailed on summary judgment in an action brought by a contractor holding an assignment from the insured homeowner. The Court applied the pollution exclusion in an all-risk homeowner’s policy, finding abatement expense was not covered even if abatement was necessary due to a covered loss. The Court determined the efficient […]
Jackie Booker and Rachel Jennings Obtain Summary Judgment Enforcing Regular Use Vehicle Exclusion
Jackie Booker and Rachel Jennings obtained summary judgment on an underinsured motorist case enforcing a regular use vehicle exclusion in a classic car policy. Plaintiff argued that the regular use vehicle exclusion is void as against public policy based upon Deherrera v. Sentry Insurance Company. Defendant argued that under Cruz v. Farmers Insurance Company, a […]
Senate Bill 20-217 Enhance Law Enforcement Integrity Signed Into Law
On June 19, 2020, Governor Jared Polis enacted sweeping law enforcement reforms in Colorado with the signing of Senate Bill 20-217 (the “Bill”). While the full, practical impact of the Bill will take time to be fully understood, the immediate effect is the creation of an individual cause of action against police officers for violations […]