Monday the Colorado Supreme Court rejected a proposed initiative intended for the November 2014 ballot that would amend the state constitution to allow voter recall of judges. In a split decision, they held that it violated the single subject rule. The two other proposed ballot initiatives aimed at courts and judges are still alive. Sponsored […]
RQ Law Blog
On April 30, Senate Bill 220 was introduced into the Senate. The bill seeks modest reforms to Colorado statutes, particularly as they apply to claims by homeowner associations bringing claims for construction defects. There are three basic provisions to the bill. First, it makes it more difficult for an HOA to remove a clause in […]
Lewis v. Taylor – Court of appeals holds time limitation for fraudulent conveyance action is jurisdictional and thus cannot be tolled (CA 03/13/14). Section 38-8-110(1) provides that a fraudulent conveyance action is “extinguished” unless brought within the applicable time period. The Court first noted that there is a distinction between a jurisdictional time limitation and […]
When an insurance company seeks to limit or exclude coverage under the terms of an insurance policy, the insurer bears the burden or proving that a particular loss falls within an exclusion in the contract. In a dispute concerning an insurer’s duty to defend against a claim asserted against its insured in a civil suit, […]
Addendum Increases the Potential for Conflict: Click Here to Read the Article
Stresscon Corp. v. Travelers Property Casualty Company of America. – Court of Appeals expands notice-prejudice rule (CA 09/12/13). In this construction case, the general contractor and the concrete company settled their dispute without litigation and without the insurance company of the settlement or obtain its consent. The insurance company argued that the notice–prejudice rule does […]
In the past few years, Coloradans have suffered their share of natural disasters from wildfires encroaching on urban areas to mudslides and flooding. On the tail of each disaster I am always dismayed that so many people do not have the insurance coverage they thought. After the emotional devastation of losing a home and […]
Ruebel & Quillen obtained a favorable verdict for a corporate client and its surety in June. The client had been sued for disputed amounts under a construction contract, but it denied owing the additional money. A district court judge agreed, and denied the claimant the sought-after six figure claim, finding in favor of the R&Q […]
