A recent case from the Colorado Court of Appeals makes it easier to pursue subrogation claims without the burdens and risks posed by Colorado’s Fair Debt Collection Practices Act. The court addressed the question of whether the CFDCPA, sections 12-14-101 to -137,...
In July, John Bolmer, Mark Ratner, Lance Shurtleff, and Paul Yarbrough collaborated to prepare summaries of the law on privity requirements in claims against accountants for the states of Colorado, Wyoming, and New Mexico. The summaries will be included in a 50-state...
For the first time since 1990, the Occupational Safety and Health Administration will raise its penalty amounts by nearly 80 percent. The new civil penalty amounts, courtesy of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, are...
All insurance policies obligate policyholders to promptly report claims. Prompt reporting affords the carrier the opportunity to quickly investigate and determine if a loss is covered, and to take steps to limit further damage. These opportunities are not available...
The Hall & Evans Rocky Mountain Litigation Reporter is a periodic online newsletter directed to a select group of individuals and organizations. In this edition, we summarize recent decisions from the Colorado Supreme Court and Court of Appeals. Topics In This...
The 2016 legislative session adjourned on Wednesday, May 11, 2016. During the 2016 legislative session, Republicans controlled the Senate by one, razor-thin vote, while Democrats controlled the House by two, very precious votes. This split legislature created a...
Valerie Garcia was recently promoted as the Co-Chair of the Claims and Litigation Management Alliance (CLM) Region 8. Valerie’s Co-Chair position will cover Colorado, Kansas, Montana, Nebraska, Utah, South Dakota, North Dakota, and Wyoming. Prior to her new role,...
The Tenth Circuit’s July 5, 2016 ruling in The Home Loan Investment Company v. The St. Paul Mercury Insurance Company significantly expands the application of Colorado’s Unreasonable Delay or Denial Statute, holding that the statute is not limited to claims handling,...
Under the Fair Labor Standards Act (“FLSA”), employers are required to pay overtime at a rate of one-and-one-half times the regular rate of pay to employees who work more than 40 hours in a week, unless the employee is subject to an exemption. Among the exemptions...
The Colorado Supreme Court issued a ruling finding a carrier, acting in accordance with its underwriting records and with the policy as issued though later reformed voluntarily by the carrier, was reasonable in denying UIM coverage to a claimant not identified as an...
