In 2007, the Colorado Legislature passed the Homeowner Protection Act (HPA). The HPA made it significantly easier for property owners and homeowners’ associations to bring construction defect claims against homebuilders. As a result, Colorado has seen a dramatic...
In 2008, Colorado enacted C.R.S. §§10-3-1115 and 1116, establishing penalties for the unreasonable delay or denial of a claim for benefits submitted by any first-party claimant. A first-party claimant is defined as “an individual, corporation, association,...
On June 15, 2015, the Colorado Supreme Court issued a decision interpreting Colorado’s Lawful Activities Statute, C.R.S. § 24-34-402.5 as not covering the use of medical marijuana pursuant to Colorado’s Medical Marijuana Amendment, Colo. Const. Art. XVIII, § 14....
Denver District Court Finds Plaintiff Who “Takes a Short Cut” Across Defendant’s Parking Lot a “Trespasser” under the Colorado Premises Liability Act Chance Koch v. ABM Parking Services, Inc. f/k/a AMPCO System Parking, District Court, City and County of Denver, Case...
Effective August 5, 2008, the Colorado General Assembly enacted C.R.S. §10-3-1116, creating a statutory cause of action for unreasonable delay or denial of insurance claims, which is in addition to Colorado’s previously-existing bad faith tort. Included in the statute...
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, the Colorado Court of Appeals, and the...
