Utah

IN BRIEF

COLORADO

• Colorado Court of Appeals finds no law or statute which grants an Arbitration tribunal power to confer sanctions pursuant to Colorado Rules of Civil Procedure 11, §13-17-102 and the Colorado Uniform Arbitration Act.

UTAH

• Utah Supreme Court clarifies when an insurance provider can be liable for breach of the covenants of good faith and fair dealing when it delays determination of coverage.

WYOMING

• The Supreme Court of Wyoming determines that a […]
  

IN BRIEF

COLORADO

• U.S. District Court, Colorado determined ski resorts need not issue refunds to passholders, if they close the resorts in good faith that it is no longer safe to ski.

UTAH

• The Utah Supreme Court agrees that a person has a duty to exercise reasonable care when skiing, but partially overrules Ricci to the extent that it established a categorical rule that an inadvertent fall, by itself, can never establish negligence.

WYOMING

[…]

IN BRIEF

COLORADO

• Colorado Court of Appeals finds insurance company’s regular use vehicle exclusion violated §10-4-609 and an insurance policy’s UM/UIM coverage must apply to the person, not the vehicle.

UTAH

• Utah Court of Appeals determines when a person seeking medical treatment refuses offered treatment, Utah’s Healthcare Malpractice Act is not invoked for injuries that may occur based on the subsequent actions of hospital staff.

WYOMING

• The Supreme Court of Wyoming determines even when […]
  

IN BRIEF

COLORADO

• Colorado Supreme Court finds individual insurance adjusters are
  not parties to the contract between the insured and the
  insurance company and thus cannot be sued under section 10-3-1116.
  ……………………………….Page 1

UTAH

• The Utah Supreme Court follows federal precedent establishing
  that preinjury release forms must specifically and unequivocally
  inform of the intent to hold the released party blameless for its
  own negligent conduct to be enforceable.
  ……………………………….Page 3

WYOMING

• The Supreme Court of Wyoming overrules Hopper declaring […]
  

IN BRIEF

COLORADO

• Colorado legislature reverses Ferrer; admissions by employers of vicarious liability for employees will no longer protect employers from direct liability claims.

UTAH

• The Utah Supreme Court rejects the “McHaffie Rule” and allows direct negligence claims against employers who have conceded liability for actions of employee.

WYOMING

• The Wyoming Supreme Court interprets the meaning of Wyoming Insurance Code as to when an insurance policy is “issued for delivery” or “delivered.”

TEXAS

• The Texas […]
  

IN BRIEF

COLORADO

• The Tenth Circuit Court of Appeals held that a “rockfall” was within the meaning of “landslide” or “other earth movement” for determining applicability of earth-movement exclusion in homeowner’s insurance policy.

UTAH

• The Utah Court of Appeals held as a matter of first impression that a plaintiff asserting product defect claims based on a defective vehicle restraint system must establish causation of alleged enhanced injuries through expert testimony.

WYOMING

• Summary judgment granted […]
  

IN BRIEF

COLORADO

• The Tenth Circuit Court of Appeals held that under Colorado law, establishing an insurance broker’s standard of care in a professional negligence case requires expert testimony.

UTAH

• The Utah Supreme Court held that “objective findings” for showing permanent disability or impairment means “findings based on externally verifiable phenomena,” not “unbiased findings.”

WYOMING

• The Tenth Circuit Court of Appeals held that under Wyoming law, an insurer who unconditionally assumes defense of an […]
  

IN BRIEF

COLORADO

• The Colorado Court of Appeals held that there was no UIM coverage for an injured plaintiff who stepped outside of a vehicle in a road rage incident.

UTAH

• The Utah Supreme Court held that a person “does owe a duty of care to a professional rescuer for injuries sustained by gross negligence or an intentional tort causing the rescuer’s presence.”

WYOMING

• In a wrongful death action, the Wyoming Supreme Court held […]