In the News

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.

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.

Colorado House Bill 20-1290 was signed into law in July 2020. The Act concerns the ability of an insurer to use a failure-to-cooperate defense in an action in which an insured has made a claim for insurance coverage and applies to all litigation that occurs on or after September 14, 2020.

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.

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.

Colorado House Bill 20-1290 was signed into law in July 2020. The Act concerns the ability of an insurer to use a failure-to-cooperate defense in an action in which an insured has made a claim for insurance coverage and applies to all litigation that occurs on or after September 14, 2020.