Recently, several insurance and construction professionals have contacted us regarding the differences between claims made and occurrence based commercial general liability (CGL) insurance policies. A brief explanation of the key differences is provided below. An occurrence based CGL policy is insurance coverage for a fixed window in time (determined by the policy effective dates) that […]
Colorado Construction Litigation Blog
I am happy to have been asked to speak at a Colorado Construction Defect Law Seminar on February 25th. The seminar, sponsored by MC Consultants, Inc. and Esquire Solutions, will be held at the Brown Palace Hotel from 3:00 to 5:00 pm, followed by a networking cocktail reception. The first panel, from 3:00 to 4:00, […]
In a February 1, 2010 Order on Plaintiff United Fire’s Second Motion for Reconsideration, Judge Brimmer, of the United States District Court for the District of Colorado, dealt yet another blow to coverage for construction defect claims in Colorado. The court issued the order in the case of United Fire & Casualty Company v. Boulder Plaza […]
In Greystone Const., Inc. v. National Fire & Marine Ins. Co., 649 F.Supp. 2d 1213 (D. Colo. 2009), a contractor and one of its insurers brought an action against a second insurer after the second insurer refused to fund the contractor’s defense in construction defect actions brought by homeowners. Relying heavily upon the reasoning of […]
In General Security Indemnity Co. of Arizona v. Mountain States Mut. Cas. Co., 205 P.3d 529 (Colo. App. 2009), a framing subcontractor’s insurer brought a contribution and indemnification action against a sub-subcontractor’s commercial general liability insurers. The framer’s carrier sought relief for the sub-sub’s insurer’s failure to fund the framing subcontractor’s defense costs related to […]
In an article in today’s online edition of the Denver Business Journal, Cathy Proctor reported that 85% of the contractors surveyed in Colorado by the AGC expect there to be no growth in 2010. Of the 52 contractors surveyed in Colorado (out of 700 surveyed nationally) an overwhelming majority stated that they did not believe […]
In Goodyear Tire & Rubber Co. v. Holmes, 193 P.3d 821 (Colo. 2008), a homeowner brought an action against the manufacturer of a defective Entran II hose used in an embedded heating system. The homeowner sought to recover the cost of replacing the entire heating system. The rubber hose that was part of the system […]
In Thermo Development, Inc. v. Central Masonry Corp., 195 P.3d 1166 (Colo. App. 2008), the developers brought an action for contribution and indemnity against masonry and plaster subcontractors upon settling a water intrusion claim asserted by a condominium owner and condominium association. The developers argued that C.R.S. § 13-80-104(1)(b)(II)(B) permitted them to file claims against […]
For those of you not glued to your computer screens watching the streaming coverage of the first day of the sixty-seventh Colorado General Assembly, Senator Morse introduced SB 10-045, “A bill for an act concerning increasing the rights of homeowners, and, in connection therewith, enacting the ‘Homeowner Protection Act of 2010.’” The bill was assigned […]
Today is the first day of the 2010 legislative session of the Colorado General Assembly. Hang on to your hats for the next 120 days, as it promises to be in interesting ride. According to the session preview from the Colorado Civil Justice League, the plaintiffs’ bar has made it clear that it intends to […]
