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CORONA VIRUS RELATED ISSUES

Many construction companies are critical businesses and thus exempt from current public health and executive orders. However, there are provisions that even exempt construction companies must comply...

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Supreme Court disqualifies Levy Law firm

Julia Morgenthau recently briefed an important case in the Colorado Supreme Court on behalf of the state’s defense lawyers. The Supreme Court agreed with Julia and Owner’s Insurance Company counsel...

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Stop Defeating Your Own Statute of Limitations Defense

We all know every construction project is built perfectly and owners never have a complaint after the last nail is hammered (read with heavy sarcasm).  In the event a construction defect is alleged...

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COLORADO SELECT CASE LAW UPDATE

Tenth Circuit Court of Appeals  Jody Blatchley v. St. Anthony Summit Medical Center– Courtremands due to error in denying designation of non-party after settlement – No. 18-1231 (10th Cir. 8/17/20)....

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COVID-19 AND BUSINESS INTERRUPTION CLAIMS

As the impact of COVID on businesses becomes increasingly dire, business owners are making claims under their commercial insurance policies for their heavy financial losses suffered. Companies are...

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COLORADO SELECT CASE LAW UPDATE

Colorado Court of Appeals Suydam v LFI Fort Pierce — “Going and coming” rule was discussed; realignment of parties during trial – (CA 10/08/20). The Court of Appeals analyzed the scope of the...

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COLORADO SELECT CASE LAW UPDATE

Colorado Court of Appeals Redden v. Clear Creek Skiing Corporation — Court of Appeals enforces exculpatory agreement by ski resort – 2020COA176 (CA 12/24/20). Redden was hurt as she attempted to exit...

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COLORADO SELECT CASE LAW UPDATE

Colorado Supreme Court People v. Garcia— Process service document can be admitted without evidentiary foundation as it is not testimonial – 2021 CO 7 (2/1/21). Michael Garcia was convicted of violating...

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COLORADO SELECT CASE LAW UPDATE

Colorado Court of Appeals Mitchell v. Xu – Court of Appeals holds statutory offer includes actual costs incurred predating the offer – 2021 COA 39 (03/11/21). Defendant made two pretrial statutory...

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PRE-PAID LEGAL SERVICES

Prepaid legal plans are offered by several different companies and marketed through employers, unions, credit card companies, and hawked on television. They are touted as a type of “insurance” to...

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COLORADO SELECT CASE LAW UPDATE

Colorado Supreme Court People v. Cooper – Court gives guidelines to try and provide limits on expert testimony – 2021 CO 69 (9/27/21). The Supreme Court tries to clarify the mess created by earlier...

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COLORADO SELECT CASE LAW UPDATE

Colorado Supreme Court LHM Corp. v. Martinez– Finality of Judgment and appeal – 2021CO78 (12/13/21). The supreme court considers whether a judgment is final for purposes of appeal when the district...

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COLORADO SELECT CASE LAW UPDATE

Colorado Supreme Court Maphis v. City of Boulder-2022CO10 (2/22/22). The Supreme Court was asked to address the legal question of whether a sidewalk deviation constituted a “dangerous condition” under...

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COLORADO SELECT CASE LAW UPDATE

Colorado Supreme Court  Skillett v. Allstate Fire and Casualty Insurance Co. – Supreme Court holds adjusters not liable under statutory bad faith act – 2022 CO 12 (03/14/22). The Supreme Court accepted...

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COLORADO SELECT CASE LAW UPDATE

Colorado Court of Appeals Gregory v. Safeco Ins. Co. of America – Court of Appeals declines to extend notice-prejudice rule to residential property claims – 2022COA45 (4/21/22). The Court of Appeals...

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Supreme Court Decision Re: Medicaid Liens

No. 20–1263. Argued January 10, 2022—Decided June 6, 2022 Gianinna Gallardo suffered catastrophic injuries resulting in permanent disability when a truck struck her as she stepped off her Florida...

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COLORADO SELECT CASE LAW UPDATE

Colorado Court of Appeals Hughes v Essentia Ins. Court of Appeals voids policy provision limiting UM/UIM coverage—2022COA49 (05/05/22). Plaintiff insured two classic cars under an automobile insurance...

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COLORADO SELECT CASE LAW UPDATE

Colorado Court of Appeals Amaya v. Indus. Claim Appeals Office.—2022COA131 (11/10/22). In this workers’ compensation appeal, the Court of Appeals concluded that the apportionment of death benefits...

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