Yesterday, Representative Joe Rice introduced into the Colorado House of Representatives House Bill 10-1394, “A Bill for an Act Concerning Professional Liability Insurance Policies Issued to Construction Professionals.” The bill, also sponsored by Senator Mark Scheffel, was assigned to the House Business Affairs and Labor Committee, which happens to be chaired by Representative Rice.
The summary of HB 10-1394 reads as follows:
In General Security Indemnity Company of Arizona v. Mountain States Mutual Casualty Company, 205 P.3d 529 (Colo. App. 2009), the court excluded claims for certain construction defects claims and imposed no obligation to defend in a contractor’s professional liability insurance policy. Section 1 of the bill imposes the following rules of contract construction to guide a court in such cases:
Section 2 prohibits a professional liability insurer from excluding or limiting coverage of acts arising before the policy was issued unless the insured knows of defects that have a likelihood to subject the insurer to damages and fails to disclose this to the insurer. A policy that conflicts with section 2 is unenforceable.
By reviewing the text of the bill, it appears that Section 1 is clearly intented to amerliorate the effects of the General Securty decision and its progeny, including Greystone and Boulder Plaza, on insurance coverage for construction defect claims in Colorado. Section 2 makes void as against public policy any “super Montrose” type exclusions on construction professionals’ CGL policies.
To follow HB 10-1394, you can visit the Colorado General Assembly’s website. To stay abreast of legislative changes in Colorado which will impact the litigation of construction claims, please contact David M. McLain by e-mail at mclain@hhmrlaw.com or by telephone at (303) 987-9813. Otherwise, you can visit our website and sign up for our legislative monitoring e-mails.
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