USAA v. Wenzell: Colorado Supreme Court Clarifies That C.R.S. § 10-3-1118 Failure-to-Cooperate Requirements Do Not Apply to Policy Conditions Precedent
In April 2026, the Colorado Supreme Court clarified C.R.S. § 10-3-1118 did not abrogate the common law distinction between general failure-to-cooperate defenses and defenses based on specific policy conditions precedent. In USAA v. Wenzell, the Court held (6-1) that only defenses based on an insured’s general common law duty to cooperate, rather than on conditions […]
Colorado Supreme Court Limits “De Facto Insurer” Liability in Hertz Corp. v. Babayev
Opening its opinion with the quote, “If you call a tail a leg, how many legs has a dog? Five? No; calling a tail a leg don’t make it a leg,” the Colorado Supreme Court made clear that labels alone do not transform a rental car company into an insurer. On April 27, 2026, the […]
Colorado Bill Increases Statutory Damage Caps
Colorado House Bill 24-1472, approved on June 3, 2024, increased statutory damage limitations under C.R.S. §§ 13-21-102.5 (noneconomic losses) and 13-21-203.7 (wrongful death). For civil actions filed on or after January 1, 2025, other than medical malpractice suits and those filed against health care workers, the total for noneconomic damages cannot exceed $1,500,000. The previous […]
Ashley Larson and Katie Johnson Obtain Favorable Jury Verdict on Admitted Liability Premises Liability Case
Ashley Larson and Katie Johnson obtained a favorable jury verdict for their retail client following trial in Broomfield County District Court. The plaintiff and her family were shopping at a retail store and completed multiple transactions at different locations throughout the store, resulting in confusion over whether merchandise had been paid for. When employees asked […]
Ashley Larson and Karlee Janigian Obtain Partial Summary Judgment Limiting Recoverable Damages After Underlying Worker’s Compensation Settlement
Ashley Larson and Karlee Janigian obtained partial summary judgment on behalf of a retail client limiting the damages a plaintiff may pursue at trial in a premises liability case. The ruling narrowed the plaintiff’s trial damages to noneconomic damages and any recoverable portion of lost wages not fully covered by workers’ compensation, limiting the exposure […]
Ashley Larson, Jacquelyn Booker, and Matthew Cecil Present at CDLA’s 2025 Annual Conference
The Sutton Booker team was well represented at this year’s Colorado Defense Lawyers Association conference. In between the in-depth and informative presentations – including ones by our very own Ashley Larson (“Claiming the Visual High Ground and Finessing Voir Dire: How being Inclusive and Alert for Common Plaintiff Tactics Can Stack the Deck in Your […]