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...
As of March 27, 2015, federal job-protected leave under the Family and Medical Leave Act (FMLA) was granted to workers in legal, same-sex marriages. They will have the same rights as couples in opposite-sex marriages, under FMLA, regardless of where they live. On...
On February 17, 2015, the Colorado Supreme Court held that the “notice-prejudice rule” does not apply to claims-made policies. In its landmark 2005 decision, the Colorado Supreme Court held that an insured under an occurrence policy who gives late notice of a claim to...
Sixty percent of Americans planned to travel for vacation an average of 2.4 times in 2014. Domestic or foreign, adventurous or benign, these trips create a number of travel risks. There are weather delays. There are natural disasters. There are mechanical delays....
To address industry concerns, the Colorado Division of Insurance has recently revised Bulletin No. B-5.26, Requirements Related to Disputed Claims Subject to Appraisal. The original Bulletin was addressed only to insurers and attempted to ensure that appraisers and...
