In the News
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.
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”). The Bill makes it clear that qualified immunity is not a defense against a case brought under C.R.S. § 13-21-131 (and only cases brought under C.R.S. § 13-21-131). Not only does qualified immunity not apply, but neither does the Colorado Governmental Immunity Act, any other statutory immunities, or any limitations on liability, damages, or attorney’s fees. In fact, the Bill creates a mandatory award of attorney’s fees to any successful plaintiff. A defendant, by contrast, may only recover attorney’s fees if the court finds the action frivolous.
Colorado House Bill 20-1290 Failure to Cooperate Signed Into Law
Colorado House Bill 20-1290 was signed into law in July 2020. 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.
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.
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”). The Bill makes it clear that qualified immunity is not a defense against a case brought under C.R.S. § 13-21-131 (and only cases brought under C.R.S. § 13-21-131). Not only does qualified immunity not apply, but neither does the Colorado Governmental Immunity Act, any other statutory immunities, or any limitations on liability, damages, or attorney’s fees. In fact, the Bill creates a mandatory award of attorney’s fees to any successful plaintiff. A defendant, by contrast, may only recover attorney’s fees if the court finds the action frivolous.
Colorado House Bill 20-1290 Failure to Cooperate Signed Into Law
Colorado House Bill 20-1290 was signed into law in July 2020. 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.
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