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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.

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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.

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