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 considered whether Colorado’s notice-prejudice rule applies to a notice-of-loss provision in a homeowners’ insurance policy. This rule excuses an insured’s late filing of a […]
RQ Law Blog
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 jurisdiction to answer a certified question of law from the US District Court to decide whether an action for unreasonably delayed or denied […]
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 the Colorado Governmental Immunity Act (GIA). A dangerous condition is defined as an “unreasonable risk to the health and safety of the public.” A finding of […]
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 court has determined that a plaintiff who prevails on a claim under the Colorado Consumer Protection Act is entitled to an award of attorney […]
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 holdings, by emphasized that before expert testimony is admitted into evidence, a trial court must find that it would be helpful […]
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 protect you from surprise legal expenses, but national prepaid legal services probably won’t save you a cent in legal fees. First, pre-paid legal won’t help […]
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 offers of settlement, which plaintiff declined. The first proposed to settle “all claims” for $3,500 “inclusive of costs.” The second proposed to settle “all […]
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 a protection order. A document was offered into evidence at Garcia’s trial to prove that he had received notice of the protection order and […]
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 the Ptarmigan ski lift, located in the Loveland Ski Area. The Court of Appeals considered whether ski area operators can, by means of […]
