Colorado Construction Litigation Blog

A clear and unambiguous “premises owned” exclusion in homeowners insurance policies eliminates the duty to defend for all types of claims at all premises not listed in the policy.  In Sachs v. American Family Mutual Insurance Company, the Sachses requested their homeowners insurance policy defend them for several claims, including a negligent misrepresentation claim for […]

If you have followed the events in Colorado’s legislature this year related to the construction industry, then you’re most likely familiar with the recent passage of HB 10-1394. HB 10-1394, now codified at C.R.S. § 10-4-110.4 and C.R.S. § 13-20-808, provides courts guidance when interpreting commercial general liability policies issued to construction professionals. Interestingly, although […]

In that there is no appellate law at this point interpreting or applying the recently enacted HB 10-1394, I find even district court orders on the topic to be very interesting. In Colorado Pool Systems, Inc., et al. v. Scottsdale Insurance Company, et al., The Honorable Christopher C. Cross set forth the pertinent facts as […]

I am honored to have been asked again this year to present at the Colorado Association of Home Builders’ Rocky Mountain Builder Conference, to be held October 6 – 9 at the Park Hyatt Resort & Spa in Beaver Creek.  Each year, the RMBC provides an amazing and fun opportunity for builders and those in […]

In a recent edition of the Home Builder Advocate, the Home Builders Association of Metro Denver included an article entitled, “What was accomplished by the passage of House Bill 1394? What does it mean to our industry?” In defense of the HBA’s support of the bill, the article states: Since the signing of House Bill […]

Later this week, our own Sheri Roswell, will moderate and participate in a panel discussion regarding Rocky Mountain Coverage and Current Trends.  Other panelists will include: Robert N. Clark, Esq., Robertson Clark, LLP;  Edward J. Godin, Esq., Godin & Baity;  Michael A. Hearn, Esq., McKenzie Rhody & Hearn;  Brad Ramming, Esq., Sweetbaum, Levin & Sands, […]

The United States Court of Appeals for the Tenth Circuit, interpreting Wyoming law, recently held that a reservation-of-rights letter from an insurance company to its insured was not sufficient to allow the insurer to recoup the costs of defending the insured in construction litigation.  Rather than relying on a reservation-of-rights letter to seek recoupment of defense costs, an […]

As many of you are aware, in May of this year Governor Ritter signed into law Colorado House Bill 10-1394, soon to be codified as C.R.S. § 13-20-808(3). Among other effects, the bill retroactively changes the duty of insurers to defend construction professionals in construction liability cases. The bill faced staunch opposition from insurers, agents, […]

For those of you not familiar with IRMI, it is the International Risk Management Institute, Inc., a powerhouse in terms of providing accurate and insightful information regarding insurance and insurance coverage.  According to its website, IRMI’s ” mission is to be the premier authority in providing expert advice and practical strategies for risk management, insurance, […]

On June 10, 2010, I had the privilege of speaking to members of the Construction Defect Claim Managers Association (“CDCMA”) in Irvine, California. The CDCMA’s purpose is to foster communication and trust amongst its membership and to permit continuing education, leading to effective and efficient claims handling methods and mechanisms for the benefit of insureds, […]

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