A contractor purchases primary liability insurance and an umbrella policy. Years later, a construction defect lawsuit arrives, but the primary insurer has become insolvent. Must the umbrella carrier “drop down” and provide the first-dollar defense and indemnity the primary insurer can no longer supply? The Colorado Supreme Court recently addressed that question in A.R. Wilfley […]
Colorado Construction Litigation Blog
Editor’s Note: Wadsworth Revisited In August 2024, following the Colorado Court of Appeals’ decision in Ralph L. Wadsworth Construction Company, LLC v. Regional Rail Partners, we published Colorado Court of Appeals’ Ruling Highlights Dangers of Excessive Public Works Claims. At the time, the decision warranted a significant warning to contractors and subcontractors performing public work […]
In its recent decision in Mid-Century Insurance Co. v. HIVE Construction, Inc., 2025 CO 17, the Colorado Supreme Court definitively closed the door on an often-litigated theory: that the economic loss rule does not bar tort claims based on willful and wanton conduct. The ruling clarifies a lingering ambiguity in Colorado law and underscores the […]