In its recent decision MleKush v. Farmers Ins. Exchange, the Montana Supreme Court again expanded the “insurance exception” to the historical “American Rule” under which parties to litigation each pay their own attorney’s fees regardless of outcome. Following...
Law Week Colorado’s recent Real Estate issue features an article authored by Matthew Ninneman. Matthew’s article, “The Times They Are A Changin’,” examines a recent holding by the Court of Appeals and the effects to the Colorado...
In Colorado courtrooms, a lay witness is permitted to testify about matters within the witness’ personal experiences, unless those experiences require skills or knowledge that an ordinary person would not have. In a recent Colorado Court of Appeals decision, the...
For the first time, the Colorado Court of Appeals has interpreted what it means for an appraiser to be “impartial” in the context of a property policy appraisal, deciding they need only do the job with fairness, good faith, and a lack of bias. Most property insurance...
The 2017 legislative session adjourned on Wednesday, May 10, 2017. The 2017 legislative session marked the third consecutive year where one party controlled one legislative chamber and the other party controlled the other legislative chamber. Additionally, for the...
The Colorado Supreme Court recently announced a decision that will hinder employers’ ability to reach final settlements in workers’ compensation claims. Though both employers and injured employees have an interest in reaching the final resolution of a claim, on...
