06/25/2012 Publication : Due to lower than expected snowpack this past winter, recent high temperatures and low humidity, the Colorado high country has become a tinderbox.
04/26/2016 Publication : -3867 ( jdaly@cozen.com ). Global Insurance Alert On Monday, April 25, 2016, the Colorado Supreme Court issued its decision in Travelers Prop. Cas. Co. v. Stresscon Co ., No. 13SC815 (Colo. Apr. 25, 2016), holding that an insurer does not need to show
05/28/2008 Publication : Earlier this month, the Colorado Senate passed House Bill 1047, also known as the “Insurance Accountability Act” (the “Act”), which “prohibits an insurer from unreasonably delaying or denying a claim for payment of benefits,” and increases
12/19/2005 Publication : 8 pgs total. CDARA (Colorado Construction Defect Action Reform Act) Some defense attorneys have successfully argued that subrogation claims must be brought within 90 days of final “settlement” in construction cases. Subrogation attorneys argue that
03/20/2024 Publication : For Colorado employers of all sizes, the last five years have proven the truth of the adage that "the only constant is change." Starting in 2019 with the signing of a ground-breaking pay transparency law, the Equal Pay for Equal Work Act
08/15/2007 Publication : On August 9, 2007, the Colorado Court of Appeals held that a CG 20 10 (10/93)endorsement does not provide coverage to a general contractor for claims arising out of its subcontractor's completed work or operations. Weitz Company, LLC v. Mid-Century
07/08/2019 Publication : -3867 ( jdaly@cozen.com ). On June 24, 2019, the Colorado Supreme Court issued its opinion in Owners Ins. Co. v. Dakota Station II Condominium Assoc., Inc. , Case No. 17SC583, 2019 WL 2571645 (Colo. June 24, 2019), holding that when parties invoke an
03/31/2016 Publication : hot topic. The U.S. District Court for the District of Colorado in The Green Earth Wellness Center, LLC v. Atain Specialty Insurance Company , No. 13-cv-03452-MSK-NYW, 2016 WL 632357 (D. Colorado February 17, 2016) was recently faced with determining
06/02/2009 Publication : On May 26, 2009, the Colorado Supreme Court agreed to hear arguments as to whether an anti-concurrent causation provision applied to exclude recovery under a first-party insurance policy where a jury found that the loss was caused 90% by a covered
05/03/2010 Publication : Later this week the Colorado State Legislature is expected to pass HB 1394, a bill that will dramatically change the insurance coverage available for construction professionals arising out of faulty construction. The stated purpose of HB 1394 is to
06/23/2016 Publication : -3867 ( jdaly@cozen.com ). Global Insurance Alert On Monday, the Colorado Supreme Court issued its decision in American Family Mut. Ins. Co. v. Hansen , No. 14SC99 (Colo. June 20, 2016), holding that extrinsic evidence can only be used to interpret
03/17/2009 Publication : On February 19, 2009, the Colorado Court of Appeals held that a claim for damages arising from poor workmanship, standing alone, does not allege an accident that constitutes an occurrence, regardless of the underlying legal theory pled. General
10/12/2023 Publication : AG Coalition Supports DOJ Accessibility Proposal for Government Web and Mobile Apps Workplace DEI Programs Still Legal Under Federal Law, Opines Colorado AG Alleged Deceptive Conduct Sparks Illinois Suit Against Residents Energy Utah AG Brings
12/28/2005 Publication : 16 pgs total. Outline & other materials. Topics in outline: When to Consider Arbitration; Contentions; Evidence; Hearings; Other Tips.
06/01/2010 Publication : On May 21, 2010, Colorado Governor Bill Ritter signed into law HB 10-1394, a bill which retroactively changes the manner in which insurers must handle and assess construction defect claims against construction professionals. It may also change how
02/19/2015 Publication : In Colorado, under the notice-prejudice rule, an insured who gives late notice of a claim to his or her liability insurer does not lose coverage benefits unless the insurer proves that the late notice prejudiced its interests. Friedland v. Travelers
06/18/2015 Publication : Cozen O'Connor has a cannabis industry team that is ready to assist our clients in navigating this complex landscape. Labor & Employment Alert In a much anticipated decision, the Colorado Supreme Court confirmed an employer's right to fire
01/13/2007 Publication : On January 8, 2007, the Colorado Supreme Court reversed a division of the Court of Appeals and held that third-party purchasers need not own their homes during an applicable policy period in order to recover.
04/03/2012 Publication : On Monday, March 19, 2012, the Colorado State Forest Service initiated a controlled burn on property owned by the Denver Water Board located in Jefferson County, Colo. This 50 acre prescribed burn was part of an ongoing fuel management program in
09/22/2010 Publication : Two cases decided only one day apart illustrate the growing divide over whether an insurer is entitled to recover the costs of defending a claim that is ultimately determined not to be covered. In both cases, the policies at issue did not specifical
10/29/2007 Publication : Senior District Judge Richard Matsch recently rejected an insured’s argument that it was not necessary for it to prove an identifiable event causing the contamination of 8 million pounds of cheese stored in the insured’s warehouse. In Leprino Foods
11/07/2011 Publication : 10th Circuit Court of Appeals held that a Colorado statute regarding insurance for construction defects does not apply retroactively, but that any property damage caused by poor workmanship may nevertheless qualify as an “occurrence” so long as the
03/04/2007 Publication : On February 26, 2007, the Tenth Circuit Court of Appeals affirmed the United States District Court for the District of Colorado’s grant of summary judgment in favor of an insurer on the ground that poor workmanship by subcontractors, standing alone,
04/07/2008 Publication : On March 24, 2008, the Colorado Supreme Court left the door open for plaintiffs and insured-defendants to enter into pretrial stipulated judgments, and then to enforce those stipulated judgments against the insured-defendant’s liability insurer
10/24/2018 Publication : Cozen O'Connor's Life Insurance & Annuities attorneys are available to provide counsel and guidance on the issues discussed in this Alert. 1 The IIPRC was enacted in Colorado, Colo. Rev. Stat. 24-6-3001, and as of October 2018, every other state
06/23/2021 Publication : State AG Group member Meghan Stoppel was quoted in a recent Cybersecurity Law Report article "Colorado Privacy Law Finishes Third, but Could Become the New Standard." This article explains the requirements and compliance twists of the new Colorado
01/01/2005 Publication : Insurance Coverage - Subrogation Considerations I. Trigger Under Colorado Law A. Construction Defect Context: 1. Public Service Co. of Colorado v. Wallis and Cos., 986 P. 2d 924 (Colo. 1999) 2. American Employer's Ins. Co. v. Pinkard Construction
01/11/2017 Publication : several disturbing comments during deliberations and frequently expressed racial animus in the deliberations. The trial court agreed that the comments were biased, but the harder question was whether there was any legal remedy. The court cited Colorado
10/19/2011 Publication : -1445, __ F.3d __ , 2011 U.S. App. LEXIS 20955 (10th Cir. 2011), rev’g, 734 F. Supp. 2d 1173 (D. Colo. 2010). The court, applying Colorado law, reversed an order from the District of Colorado that granted summary judgment to the insurers.
11/01/2016 Publication : Colorado and the other from the Eastern District of Pennsylvania, reflect how state and federal courts and litigants are dealing with the effects of the Supreme Court's opinion. In Magill v. Ford Motor Co ., 2016 Colo. LEXIS 933 (Col. September 12, 2016
06/27/2006 Publication : Colorado court of appeals refuses to follow browder and affirms judgment in favor of insured.
03/05/2004 Publication : 4 pgs. This article discusses Residential Construction Liability-type acts in Colorado, Florida, and Idaho. Such acts are also called “Builder Friendly Construction Acts.”
10/23/2006 Publication : 57 pgs. Taken from a subrogation seminar, these presentations discuss mediation basics, fire investigations, the importance of proper case handling, an update on Colorado law, and the allocation of responsibilities between general contractors and
05/23/2011 Publication : South Carolina and Hawai’i have now joined Colorado and Arkansas as two of four states that have passed legislation aimed at broadening the definition of “occurrence” under commercial general liability (CGL) policies as it relates to construction
08/29/2008 Publication : A 10th circuit court upheld a decision allowing an expert to testify as the court felt it should be left to the jury to decided what to believe. The Court of Appeals of Colorado made a decision that limitation of liability causes are not
06/22/2007 Publication : On June 18 2007 the United States District Court for the District of Colorado granted summary judgment in favor of Maryland Casualty Company represented by Cozen O'Connor holding that the business interruption clause in a first party policy only
03/12/2007 Publication : fair opportunity to inspect the property and remedy the alleged problem. Topics: SPECIFIC FACTS OF THE COLORADO LOSS; COZEN O’CONNOR ARGUED FOR THE PROPER INTERPRETATION OF THE STATUTE
10/11/2010 Publication : Your BlackBerry beeps, revealing a series of new loss assignments. It must be fire season—again. So far in 2010, California has seen a multitude of wildfires (Crown, West, Bull, etc). Colorado also experienced devastating property loss from late
12/12/2013 Publication : So far 20 states and the District of Columbia have enacted laws permitting and regulating the use of marijuana for medicinal purposes. Colorado and Washington have gone further and legalized the recreational use of marijuana. Moreover, Americans
01/11/2018 Publication : . Colorado Civil Rights Commission , which, unlike prior challenges in this area, involves the First Amendment. To read the full article, click here .
11/16/2023 Publication : MoneyLion's Membership Lending Model Elicits Roar from Colorado AG Hindsight Is 20/20 in this Employee Misclassification Settlement Read more here .
07/15/2021 Publication : Funds Republican Attorneys General Oppose Reinstatement of California's Clean Air Act Waiver Airline Service Company to Pay for Minimum Wage and Overtime Violations and Reimburse Costs of Laundering Uniforms Colorado Repeals Ban on Credit Card Surcharges
02/03/2022 Publication : state and federal regulators' decisions are having an impact across the US: In Memoriam: North Dakota Attorney General Wayne Stenehjem New Candidates Join Massachusetts, Colorado Attorneys General Races Precious Metals Dealer Sued over Allegations of
05/03/2021 Publication : six or more people will be required to have a minimum of three females. Kathy and Paul provide insight into legislative efforts of other states, including Colorado, New York, Washington, Pennsylvania, and Massachusetts, who are working to improve
06/03/2021 Publication : federal regulators' decisions are having an impact across the US: Subprime Auto Loan Company Settles Allegations It Turned Blind Eye to Shady Car Dealers Republican Candidate To Try Again for Oklahoma AG's Office Colorado Seeks Records from Student Loan
03/25/2024 Publication : The Hon. Rodney Davis , Managing Director of Cozen O'Connor Public Strategies and former Illinois Congressman, released a Hill op-ed in collaboration with former Colorado Congressman Ed Perlmutter arguing that despite media criticism, significant
01/10/2023 Publication : of the posting of an advertisement for such opportunity." 8 We expect that additional regulations will be issued soon. Colorado Elsewhere, Colorado is at the forefront of legislation to improve pay equity and force pay transparency. The Rocky Mountain
08/29/2017 Publication : Paul Ferland co-authored a piece titled, " Colo. Appraisal Dispute Seems To Discount True Impartiality " in Law360 discussing the decision of the Colorado Court of Appeals in Owners Insurance Co. v. Dakota Station II Condominium Assoc. , 2017 WL