Legal Update
Dewhirst & Dolven’s Legal Update is a quarterly summary of some of the most recent legal developments in Colorado, Utah, Wyoming, and Texas provided as a free service by our firm.
To receive a copy of Dewhirst & Dolven’s Legal Update via mail and/or email, please contact Rick Haderlie at rhaderlie@dewhirstdolven.com with your mailing preferences.
Legal Update – Summer 2021 – Dewhirst & Dolven
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 [...]
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 [...]
Legal Update – Winter 2021 – Dewhirst & Dolven
IN BRIEF COLORADO The Tenth Circuit Court of Appeals held that insureds who cashed settlement checks were bound by accord and satisfaction and not entitled to demand full reimbursement for registration and title fees as required by Colorado [...]
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” [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]