The Wyoming Supreme Court just raised the bar for insurers by adopting a notice prejudice standard for the first time. Finding that insurance policies are contracts “of adhesion” where the insured has little or no bargaining power to vary the terms, the Court will...
Colorado’s statutes allowing a policyholder to sue his insurance carrier for “improper denial of claims” (C.R.S. §§10-3-1115 and 1116) continue to be construed to allow policyholders more opportunities for recovery against their insurers. In Etherton v. Owners Ins....
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,...
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...
