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 – Fall 2022 – Dewhirst & Dolven
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 [...]
Legal Update – Winter 2022 – Dewhirst & Dolven
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 [...]
Legal Update – Summer 2022 – Dewhirst & Dolven
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 [...]
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 [...]