RQ Law Blog

Case Update

Stresscon Corp. v. Travelers Property Casualty Company of America. – Court of Appeals expands notice-prejudice rule (CA 09/12/13). In this construction case, the general contractor and the concrete company settled their dispute without litigation and without the insurance company of the settlement or obtain its consent. The insurance company argued that the notice–prejudice rule does […]

In the past few years, Coloradans have suffered their share of natural disasters from wildfires encroaching on urban areas to mudslides and flooding.  On the tail of each disaster I am always dismayed that so many people do not have the insurance coverage they thought.   After the emotional devastation of losing a home and […]

Ruebel & Quillen obtained a favorable verdict for a corporate client and its surety in June. The client had been sued for disputed amounts under a construction contract, but it denied owing the additional money. A district court judge agreed, and denied the claimant the sought-after six figure claim, finding in favor of the R&Q […]

Case Law Update

Colorado Supreme Court People v. Flockhart – Court declines to adopt a per se rule on challenges for cause. (SC 07/01/13).  In this criminal matter, the Court holds that while the better practice is for challenges for cause to be heard outside of the jury, a trial court retains discretion to conduct challenges for cause […]

When Cats Attack

While I have been unable to find any statistics for cat-bite claims, the Insurance Information Institute estimates that in 2012, insurers across the country paid nearly $489 million in dog bite claims.  Bite cliams tallied about one-third of all homeowners liability payouts in 2012.  I recently had a jury trial where the Plaintiff alleged she […]

Colorado Court of Appeals rules on conflict between employer drug policy and medical marijuana use Coats v. Dish Network, LLC 2013 COA 62 On April 25, 2013 the Colorado Court of Appeals announced its decision that state-licensed medical marijuana use is not a “lawful activity” under section 24-34-402.5, C.R.S. because marijuana use is still federally […]

Summer Case Law Update

Court Of Appeals Krol v. CF&I Steel – Court of Appeals limits ‘statutory employee’ immunity (CA 03/14/13). The Court of Appeals found that an injured party does not merely have to have been “on” the landowner’s property when performing work for the statute to apply, but the injured party also must have been doing work […]

Several years ago, Colorado courts adopted a version of the economic loss rule. As articulated through court decisions, when a party is injured due to a duty that arises from contract, the injured party’s remedies are limited to contractual damages. A claim for negligence or other tort can be asserted only if 1) the defendant […]

Subpoena Change

Subpoenas in Colorado – Recent Changes to Rule 45 by Casey Quillen Recently there have been two important changes regarding the use of civil subpoenas.  It is important to understand these changes, not only for how subpoenas should be used to obtain documents, but also for responding to them.   The first significant change to […]

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