Colorado Court of Appeals Rosten v. ICAO—Court holds failure to conduct in-person examination does not invalidate medical finding—2023COA62 (06/29/23). The Court of Appeals addressed whether the failure to conduct an in-person examination invalidates a doctor’s report finding that a claimant has no permanent impairment. It concluded that, while a record review without a personal examination […]
RQ Law Blog
Colorado Supreme Court State v. Ctr. for Excellence in Higher Educ., Inc.—CCPA remedies are equitable and thus defendant not entitled to jury—2023 CO23 (05/15/23). This case was a civil enforcement action under the Colorado Consumer Protection Act and the Colorado Consumer Credit Code (“UCCC”). The issue was whether the Court of Appeals erred when it […]
Colorado Court of Appeals Turoff v. Itachi Capital—Court finds no jurisdiction to review district court order re: arbitration—2022COA147 (12/29/23). An arbitrator entered an award in Itachi’s favor and later awarded Itachi its attorney fees and costs. Appellant Turoff then filed a motion to vacate the arbitration award, arguing that the refusal to postpone the hearing […]
Colorado Court of Appeals Amaya v. Indus. Claim Appeals Office.—2022COA131 (11/10/22). In this workers’ compensation appeal, the Court of Appeals concluded that the apportionment of death benefits among a deceased worker’s dependents under section 8-42-121, determines a dependent’s “proportionate share” of the maximum lump sum allowed by statute under section 8-43-406(3). The division thus affirmed […]
Colorado Court of Appeals Giron v. Hice. Lights, camera, then chase the bad guy or else you are liable—2022COA85 (7/28/22). Under Tidwell v. City & County of Denver, 83 P.3d 75 (Colo. 2003), the Supreme Court held that Colorado governmental immunity could be waived when an operator of an emergency vehicle is in pursuit of […]
Colorado Court of Appeals Hughes v Essentia Ins. Court of Appeals voids policy provision limiting UM/UIM coverage—2022COA49 (05/05/22). Plaintiff insured two classic cars under an automobile insurance policy with Essentia Insurance Company. As a condition of this insurance, plaintiff was required to have and separately insure a “regular use vehicle.” The policy explicitly excepted regular […]
No. 20–1263. Argued January 10, 2022—Decided June 6, 2022 Gianinna Gallardo suffered catastrophic injuries resulting in permanent disability when a truck struck her as she stepped off her Florida school bus. Florida’s Medicaid agency paid $862,688.77 to cover Gallardo’s initial medical expenses, and the agency continues to pay her medical expenses. Gallardo, through her parents, […]
Colorado Court of Appeals Gregory v. Safeco Ins. Co. of America – Court of Appeals declines to extend notice-prejudice rule to residential property claims – 2022COA45 (4/21/22). The Court of Appeals considered whether Colorado’s notice-prejudice rule applies to a notice-of-loss provision in a homeowners’ insurance policy. This rule excuses an insured’s late filing of a […]
Colorado Supreme Court Skillett v. Allstate Fire and Casualty Insurance Co. – Supreme Court holds adjusters not liable under statutory bad faith act – 2022 CO 12 (03/14/22). The Supreme Court accepted jurisdiction to answer a certified question of law from the US District Court to decide whether an action for unreasonably delayed or denied […]
