Colorado House Bill 20-1290 Failure to Cooperate Signed Into Law
On July 2, 2020, Governor Polis signed into law Colorado House Bill 20-1290. The Act concerns the ability of an insurer to use a failure-to-cooperate defense in an action in which an insured has made a claim for insurance coverage and applies to all litigation that occurs on or after September 14, 2020. Now, to […]
Are You Ready for COVID-19 Business Interruption Claims?
Insurers that issue business and commercial liability policies should brace themselves for what may be several years of business interruption claims and lawsuits resulting from COVID-19-related state and local “shut down” orders. Numerous lawsuits have already been filed against insurers across the country and are providing an early glimpse into emerging “hot topics” in COVID-19 […]
Rachel Jennings and Sandy Eloranto Obtain Dismissal of Roofing Bad Faith Action
Associate Rachel Jennings and Shareholder Sandy Eloranto obtained a dismissal pursuant to Fed. R. Civ. P. 41(b) in an action alleging bad faith breach of an insurance contract and statutory delay and denial pursuant to C.R.S. § 10-3-1115 and 1116. The motion sought dismissal primarily based on the plaintiff roofing contractor’s Plaintiff’s failure to obtain […]
CDC Guidance for Nursing Homes and Long-Term Care Facilities During COVID-19 Crisis
The current COVID-19 crisis has spread fear, confusion, and litigation across all facets of American life, but nursing homes and long-term care facilities (LTCFs) are uniquely vulnerable both to the direct impacts of COVID-19 and the inevitable lawsuits that will follow. Nationwide, dozens of COVID-19 related lawsuits have already been filed on a variety of […]
Court of Appeals Affirms Directed Verdict in Premises Liability Case
In February 2019, an Adams County District Court Judge granted a directed verdict in favor of a retailer in a premises liability matter. After two days of evidence, the retailer moved for directed verdict arguing there was no evidence presented of actual or constructive knowledge of a dangerous condition. In addition to pointing out that […]
Colorado House Bill 20-1290 Failure to Cooperate and the Colorado Supreme Court Decision to Allow the General Session to Continue Beyond 120 Consecutive Days
On February 7, 2020, HB 20-1290 regarding the failure to cooperate defense was introduced in the House of Representatives of the Colorado General Assembly (“the bill”). The bill addresses the ability of an insurer to use a failure to cooperate defense in an action in which the insured has made a claim for benefits under […]