In Calderon v. American Family Mutual Insurance Company, 2016 CO 72, Nov. 7, 2016 the Colorado Supreme Court reached a surprising conclusion, reversing the Colorado Court of Appeals and trial court’s plain language interpretation of Section 10-4609, C.R.S. and a standard UM/UIM insurance provision. The insured, Calderon, sustained injuries in an automobile accident with an uninsured […]
RQ Law Blog
The United States Court of Appeals for the Eighth Circuit certified a question to the Wyoming Supreme Court concerning the enforceability of an insurance policy notice provision under Wyoming law. In Century Surety Company v. Hipner, (Wyo. 08/17/16), the Wyoming Court provided the answer to that question, holding that, under Wyoming law, an insurer must […]
Rucker v. Federal National Mortgage Association – ‘For Sale’ sign alone does not change prospective buyer’s status. (CA 07/28/16). Ellyn and David Rucker decided to purchase a house that their daughter, Kristin, would rent from them. David placed an offer on a house for which Kristin had had a showing with a Heter & Co. […]
AVALANCHES ARE AN INHERENT RISK TO SKIERS UNDER STATUTE Fleury v. IntraWest Winter Park Operations Corp. (SC 05/31/10). The Colorado Supreme Court held that an avalanche that occurs within the bounds of a ski resort qualifies as an “inherent danger and risk of skiing” under the Ski Safety Act and thus the ski area is […]
The 120-day legislative session came to a close the middle of May. Local headlines touted it as one of the most unproductive sessions in recent history. Indeed, a number of bills we had anticipated were never introduced and few of the bills we had been monitoring made it to the Governor’s desk. This session resulted […]
With approximately 40 days left until sine die, there have been 402 bills introduced into the House and 173 introduced into the Senate for a total of 575 bills (so far). 106 bills have been postponed indefinitely. The governor has signed 70 bills to date, including: Number Title Sponsors Summary HB 16-1017 Victim Impact Panel […]
COLORADO CASE LAW UPDATE Colorado Supreme Court Ryals v. City of Englewood – The Court held that statute did not pre-empt local ordinance restricting sex offender residency (01/16/16). This case involved a certified question of law from the Tenth Circuit regarding a challenge to a home rule ordinance. Claimant argued that state statute pre-empted a […]
The Colorado General Assembly convened on January 13, 2016 and hundreds of bills have already been introduced. Ten business bills were introduced on the first day alone. We are also expecting another attempt at construction defect litigation reform and a bill affecting the appraisal process just to name a few. Once again, Ruebel & Quillen, LLC […]
Johnson v. VCG Restaurants Denver, Inc. – Allowing alternate juror to deliberate held to be reversible error (CA 12/31/15). Plaintiff Johnson was a patron at VCG’s adult nightclub. While waiting outside after the nightclub had closed, he was confronted by a VCG employee. An altercation ensued between the two men, and plaintiff sustained physical injuries. […]
