Stuart D. Morse & Associates, L.L.C. Stuart D. Morse & Associates, L.L.C.
Colorado Insurance Defense And Business Litigation Attorneys
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Greenwood Village Construction And Insurance Defense Blog

List of construction issues raises a material point

When it comes to the subject of residential construction in Colorado and nationally (both single-dwelling units and multi-family projects), many articles unquestionably stress the concerns and legal rights of owners/developers more than they do the industry professionals tasked with building new housing.

Although the reasons for that obviously vary, it is likely the case much of the time that writers focused on the potential downsides of construction -- delay, cost overrun, financing glitches and so forth -- tend to view such matters from a perspective that posits inequality in the owner/contractor relationship.

Comedian's long insurance-related injury saga continues

This much is undisputed: In June 2014, comedian Tracy Morgan and three other passengers riding in a limousine were rear-ended by a tractor-trailer rig. One passenger died. Another had a compound leg fracture. And, as noted in one recent media recounting of the crash, "Morgan suffered a brain injury and broke his leg and ribs."

Following the accident, Walmart entered into settlement negotiations with the victims. The massive retailer's involvement owed to the fact that the trucker was a Walmart employee who had been driving on company business while in an exhausted state.

Policy language: It can make -- or break -- a case for an insurer

Notwithstanding a national insurer's firm view that the merits are on its side in a dispute with a policyholder, litigation involving the firm's alleged bad-faith behavior in underpaying a claim will continue to go forward.

And, in fact, a recent federal court ruling ensures that the matter will now be classified as a class action lawsuit, enabling other plaintiffs with so-called "common questions" -- including, potentially, policyholders in Colorado -- to join litigation against the insurance company as certified class members.

Do Colorado construction defect laws deter new condo development?

According to one commentator, condos or townhomes should comprise around one-quarter of all home units in a healthy economy. In Colorado, however, that percentage is unusually low, around two or three percent. A recent article explores possible causes.

According to some commentators, builders in Colorado are building apartments to avoid the exposure to litigation that comes with condo construction. Condo owners have legal standing to bring a construction defect lawsuit against developers; renters do not.

Should You Ever Sue Your Architect?

Say you and your partner finally decided to build your dream home. You researched potential architects and chose one who seemed to share your vision and who was within your budget.

Seven years later you find your roof leaks and there is now a mold problem because of it. \

Insurance case underscores flat importance of time limitations

As we have duly noted many times in prior select posts, insurance-related litigation can be exceedingly nuanced and complex, often focusing on technical language, differing interpretations of "what happened" in a matter, the actual causes underlying or triggering an event under a policy and additional considerations.

One recent case decided on appeal in one of the nation's federal appellate courts focused in precisely on one of those additional matters, bringing a notable conclusion to an insurance coverage dispute.

What happens when insurers, insureds differ over policy language?

That above-posed blog headline cuts straight to the chase concerning subject matter that often takes center stage in contractual disputes between policyholders and insurance companies in Colorado and elsewhere across the country.

Like California, where litigation is currently playing out in an interesting and notable matter between sparring parties in so-called "waiver of premium" cases.

Insurer prevails in claim alleging contract breach, bad faith

What if you're enticed by Frito-Lay's "Betcha Can't Eat Just One" challenge regarding its potato chips, and you actually command sufficient restraint to turn down that second chip?

And what if you're prompted by the "I'm Lovin' It" hype at McDonald's to sample a burger that you actually hate?

Insurer prevails in dispute: no coverage duty in infringement case

A national online real estate listing firm was recently schooled in rather expensive fashion as to the merits of being duly proactive in taking care of business in an insurance claim.

Because it was anything but timely, in the view of a federal court, which recently ruled against it in a matter that will ding its corporate coffers to the tune of more than $8 million.

Pot cases and insurance coverage: yes, it can be a bit complex

A policyholder's demand of an insurance company to pay up for the loss of a personal stockpile of marijuana -- through fire, theft, water damage or some other cause -- would have been simply unthinkable a generation ago.

Not these days.


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