RQ Law Blog

Clean Up the Courts - Update

Monday the Colorado Supreme Court rejected a proposed initiative intended for the November 2014 ballot that would amend the state constitution to allow voter recall of judges. In a split decision, they held that it violated the single subject rule. The two other proposed ballot initiatives aimed at courts and judges are still alive. Sponsored by ‘Clean Up the Courts,’ one initiative (the Two-Thirds Majority Initiative) would require judges standing...
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Construction Defect Bill Introduced

On April 30, Senate Bill 220 was introduced into the Senate. The bill seeks modest reforms to Colorado statutes, particularly as they apply to claims by homeowner associations bringing claims for construction defects. There are three basic provisions to the bill. First, it makes it more difficult for an HOA to remove a clause in its declarations which requires arbitration. Arbitration is generally perceived by developers as a better forum...
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Welcome Katherine Brim

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Case Law update

Lewis v. Taylor – Court of appeals holds time limitati o n for fraudulent conveyance action is jurisdictional and thus cannot be tolled  (CA 03/13/14). Section 38-8-110(1) provides that a fraudulent conveyance action is “extinguished” unless brought within the applicable time period. The Court first noted that there is a distinction between a jurisdictional time limitation and a non-jurisdictional time limit ation.  A jurisdictional time limitation is one that, if...
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R&Q Prevails on Summary Judgment in Duty to Defend Dispute

When an insurance company seeks to limit or exclude coverage under the terms of an insurance policy, the insurer bears the burden or proving that a particular loss falls within an exclusion in the contract. In a dispute concerning an insurer's duty to defend against a claim asserted against its insured in a civil suit, Colorado applies the "complaint rule." This rule provides that the allegations of the relevant complaint...
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