In the News

In the News

Debra Sutton and Tom Walton Obtain Summary Judgment on Pollution Exclusion Contract Provision

Debra Sutton and Tom Walton prevailed on summary judgment in a declaratory action against a contractor holding an assignment from the insured homeowner. The Court upheld a pollution exclusion in an all-risk homeowner’s policy, finding abatement expense was not covered even if abatement was necessary due to a covered loss. The Court dismissed all claims against the insurance company.

Sutton Booker Welcomes Associate Eric Reece

Sutton Booker is excited to welcome its newest associate, Eric Reece! Eric has extensive trial experience and an understanding of a wide array of law. Eric’s practice focuses on UIM/UM bad faith, property damage bad faith, construction defect, and premises liability.

Jackie Booker and Rachel Jennings Obtain Summary Judgment Enforcing Regular Use Vehicle Exclusion

Jackie Booker and Rachel Jennings obtained summary judgment on an underinsured motorist case enforcing a regular use vehicle exclusion in a classic car policy. Plaintiff argued that the regular use vehicle exclusion is void as against public policy based upon Deherrera v. Sentry Insurance Company. The Court ruled that the policy exclusion is enforceable and does not dilute, limit or condition underinsured motorist coverage in violation of C.R.S. section 10-4-609 because the classic car policy requires the insured to carry a separate policy with the same amount of coverage from a separate carrier.

Senate Bill 20-217 Enhance Law Enforcement Integrity Signed Into Law

On June 19, 2020, Governor Jared Polis enacted sweeping law enforcement reforms in Colorado with the signing of Senate Bill 20-217 (the “Bill”). The Bill makes it clear that qualified immunity is not a defense against a case brought under C.R.S. § 13-21-131 (and only cases brought under C.R.S. § 13-21-131). Not only does qualified immunity not apply, but neither does the Colorado Governmental Immunity Act, any other statutory immunities, or any limitations on liability, damages, or attorney’s fees. In fact, the Bill creates a mandatory award of attorney’s fees to any successful plaintiff. A defendant, by contrast, may only recover attorney’s fees if the court finds the action frivolous.

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Debra Sutton and Tom Walton Obtain Summary Judgment on Pollution Exclusion Contract Provision

Debra Sutton and Tom Walton prevailed on summary judgment in a declaratory action against a contractor holding an assignment from the insured homeowner. The Court upheld a pollution exclusion in an all-risk homeowner’s policy, finding abatement expense was not covered even if abatement was necessary due to a covered loss. The Court dismissed all claims against the insurance company.

Sutton Booker Welcomes Associate Eric Reece

Sutton Booker is excited to welcome its newest associate, Eric Reece! Eric has extensive trial experience and an understanding of a wide array of law. Eric’s practice focuses on UIM/UM bad faith, property damage bad faith, construction defect, and premises liability.

Jackie Booker and Rachel Jennings Obtain Summary Judgment Enforcing Regular Use Vehicle Exclusion

Jackie Booker and Rachel Jennings obtained summary judgment on an underinsured motorist case enforcing a regular use vehicle exclusion in a classic car policy. Plaintiff argued that the regular use vehicle exclusion is void as against public policy based upon Deherrera v. Sentry Insurance Company. The Court ruled that the policy exclusion is enforceable and does not dilute, limit or condition underinsured motorist coverage in violation of C.R.S. section 10-4-609 because the classic car policy requires the insured to carry a separate policy with the same amount of coverage from a separate carrier.

Senate Bill 20-217 Enhance Law Enforcement Integrity Signed Into Law

On June 19, 2020, Governor Jared Polis enacted sweeping law enforcement reforms in Colorado with the signing of Senate Bill 20-217 (the “Bill”). The Bill makes it clear that qualified immunity is not a defense against a case brought under C.R.S. § 13-21-131 (and only cases brought under C.R.S. § 13-21-131). Not only does qualified immunity not apply, but neither does the Colorado Governmental Immunity Act, any other statutory immunities, or any limitations on liability, damages, or attorney’s fees. In fact, the Bill creates a mandatory award of attorney’s fees to any successful plaintiff. A defendant, by contrast, may only recover attorney’s fees if the court finds the action frivolous.

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