In the News
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 General Assembly and Governor Polis have expressly overturned the Colorado Supreme Court’s decision in Ferrer v. Okbamicael, expanding avenues for recovery against Colorado businesses and complicating litigation for employers. Previously, under Ferrer, actions for negligent hiring and negligent supervision were excluded if the employer admitted respondeat superior liability for the employee’s conduct. Now, with the recent change by the General Assembly, employers may be sued directly for negligent hiring and negligent supervision even if the employer admits the employee was at fault. The new law will go into effect the 90 days after the conclusion of the current General Assembly session which is slated to close on June 12, 2021. The law will apply to actions commenced on or after that date.
Jackie Booker and Joe Okon Prevail 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 could be no unreasonable denial of benefits under section 10-3-1115.
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 water at a store entrance while it was raining, causing $3.5 million in injuries, damages, and losses. The retail store utilized multiple mats in its entryway vestibule, including one at the door Plaintiff walked through. The jury found that despite the retailer’s violation of its policy, Plaintiff was 75% at fault for his injuries, damages, and losses, and was precluded from recovering.
Debra Sutton and Tom Walton Obtain Summary Judgment on Pollution Exclusion Contract Provision
Debra Sutton and Tom Walton prevailed on summary judgment in a declaratory action against a contractor holding an assignment from the insured homeowner. The Court upheld a 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 dismissed all claims against the insurance company.
Sandy Eloranto and Lily Nierenberg Obtain Summary Judgment in Property Damage Bad Faith Dispute
Sandy Eloranto and Lily Nierenberg prevailed on summary judgment in a property damage bad faith dispute. The court dismissed all claims and awarded fees to the insurance company client.
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. The Court ruled that the policy exclusion is enforceable and does not dilute, limit or condition underinsured motorist coverage in violation of C.R.S. section 10-4-609 because the classic car policy requires the insured to carry a separate policy with the same amount of coverage from a separate carrier.
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 General Assembly and Governor Polis have expressly overturned the Colorado Supreme Court’s decision in Ferrer v. Okbamicael, expanding avenues for recovery against Colorado businesses and complicating litigation for employers. Previously, under Ferrer, actions for negligent hiring and negligent supervision were excluded if the employer admitted respondeat superior liability for the employee’s conduct. Now, with the recent change by the General Assembly, employers may be sued directly for negligent hiring and negligent supervision even if the employer admits the employee was at fault. The new law will go into effect the 90 days after the conclusion of the current General Assembly session which is slated to close on June 12, 2021. The law will apply to actions commenced on or after that date.
Jackie Booker and Joe Okon Prevail 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 could be no unreasonable denial of benefits under section 10-3-1115.
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 water at a store entrance while it was raining, causing $3.5 million in injuries, damages, and losses. The retail store utilized multiple mats in its entryway vestibule, including one at the door Plaintiff walked through. The jury found that despite the retailer’s violation of its policy, Plaintiff was 75% at fault for his injuries, damages, and losses, and was precluded from recovering.
Debra Sutton and Tom Walton Obtain Summary Judgment on Pollution Exclusion Contract Provision
Debra Sutton and Tom Walton prevailed on summary judgment in a declaratory action against a contractor holding an assignment from the insured homeowner. The Court upheld a 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 dismissed all claims against the insurance company.
Sandy Eloranto and Lily Nierenberg Obtain Summary Judgment in Property Damage Bad Faith Dispute
Sandy Eloranto and Lily Nierenberg prevailed on summary judgment in a property damage bad faith dispute. The court dismissed all claims and awarded fees to the insurance company client.
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. The Court ruled that the policy exclusion is enforceable and does not dilute, limit or condition underinsured motorist coverage in violation of C.R.S. section 10-4-609 because the classic car policy requires the insured to carry a separate policy with the same amount of coverage from a separate carrier.
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