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.
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Legal Update – Spring 2022 – Dewhirst & Dolven
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 [...]
Legal Update – Fall 2021 – Dewhirst & Dolven
IN BRIEF COLORADO U. S. District Court, Colorado, determined financial losses incurred during the COVID-19 shutdowns imposed by local government do not constitute physical loss because the word physical related to tangible tings. UTAH The Utah Supreme Court [...]
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 [...]