In the News
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.
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.
CDC Guidance for Nursing Homes and Long-Term Care Facilities During COVID-19 Crisis
The Centers for Disease Control and Prevention (CDC) has issued extensive guidance, best practices, and a preparedness checklist to help Long-term Care Facilities prepare for 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 in an action brought by a roofing contractor.
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.
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.
CDC Guidance for Nursing Homes and Long-Term Care Facilities During COVID-19 Crisis
The Centers for Disease Control and Prevention (CDC) has issued extensive guidance, best practices, and a preparedness checklist to help Long-term Care Facilities prepare for 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 in an action brought by a roofing contractor.
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