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Legal Update – Spring 2021- Dewhirst & Dolven

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 […]
2021-04-14T09:49:01-06:00April 14th, 2021|Colorado, Texas, Utah, Wyoming|

Legal Update – Fall 2020 – Dewhirst & Dolven

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 […]
2020-10-23T11:28:51-06:00October 23rd, 2020|Colorado, Texas, Utah, Wyoming|

Legal Update – Summer 2020 – Dewhirst & Dolven

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 […]
2020-07-21T07:45:12-06:00July 21st, 2020|Colorado, Texas, Utah, Wyoming|

Legal Update – Spring 2020 – Dewhirst & Dolven

IN BRIEF

COLORADO

  • The Tenth Circuit ruled that, under Colorado law, the plaintiff-insurer was entitled to be fully reimbursed for a settlement with a third party, due to the fraud of its insured in obtaining the insurance policy

UTAH

  • Defendant car dealership obtains judgment in its favor and an award of attorneys’ fees in a case involving claims of false pretense relative to the sale of a motor vehicle

WYOMING

  • In an insurance dispute, […]
2020-04-16T10:40:53-06:00April 16th, 2020|Colorado, Texas, Utah, Wyoming|

Legal Update – Winter 2020 – Dewhirst & Dolven

IN BRIEF

COLORADO

  • Under C.R.S. § 10-3-1117, insurers must now disclose policy information to claims pre-litigation when it’s requested, otherwise be subject to a daily penalty and payment of attorneys’ fees

UTAH

  • In a personal injury action stemming from an indoor rock-climbing fall, a claim for
    gross negligence against the gym was permitted due to the gym’s prior knowledge of the
    condition

WYOMING

  • In a case concerning disclosure requirements for independent medical experts, the Wyoming Supreme Court ruled […]
2020-04-16T10:40:02-06:00January 31st, 2020|Colorado, Texas, Utah, Wyoming|

Legal Update – Fall 2019 – Dewhirst & Dolven

IN BRIEF

COLORADO

  • Plaintiffs submitted a claim to their insurer for $1.7 million in wine that was not received, which related to a Ponzi scheme. The Tenth Circuit Court of Appeals held that there was no coverage for the claim because Plaintiffs could not show evidence that the wine actually existed

UTAH

  • In a construction defect case, the Utah Court of Appeals affirmed dismissal of the general contractor’s third-party complaint against subcontractors on […]
2019-10-23T18:09:35-06:00October 23rd, 2019|Colorado, Texas, Utah, Wyoming|

Legal Update – Summer 2019 – Dewhirst & Dolven

IN BRIEF

UTAH

  • In an appeal which sought abandonment of Utah’s Open and Obvious Danger Rule, the Utah Supreme Court affirmed adoption of the rule. The Court upheld the rule despite Plaintiff’s argument that it undermined the comparative fault scheme.

COLORADO

  • The Colorado Court of Appeals held that an insurance company did not have a right to intervene in the underlying action, despite the insured agreeing with the plaintiff to not present a […]
2019-08-12T14:44:41-06:00August 9th, 2019|Colorado, Texas, Utah, Wyoming|

Legal Update – Spring 2019 – Dewhirst & Dolven

IN BRIEF

UTAH

  • Dewhirst & Dolven Attorneys Kyle Shoop and Rick Haderlie successfully obtained judgment in favor of their client, insurer PLM, in a coverage and bad faith lawsuit. Plaintiff sued PLM seeking coverage, and the court held that coverage was precluded under the policy and underlying complaint at issue

COLORADO

  • The Colorado Court of Appeals held: “as a matter of first impression in Colorado, when an insurer notifies an insured that it […]
2019-08-12T14:29:15-06:00August 8th, 2019|Colorado, Texas, Utah, Wyoming|
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