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Greenwood Village Construction And Insurance Defense Blog

Cranes pose a special concern, risk in the construction industry

It's not so much what they do in the air as it is the fact of getting there.

Although that above -- and, yes, purposefully poetic -- prelude to crane operation in the construction industry might seem a bit misplaced, industry principals are in staunch agreement that, when employed properly and safely, cranes are in fact poetry in motion on most job sites.

Colorado Supreme Court clarifies statute of repose rules

Developers and contractors know how frequently construction laws in Colorado can change. A recent court ruling illustrates just how quickly change can occur.

Last December, we wrote about how a ruling from the Colorado State Court of Appeals changed the statute of repose (SOR) laws. A recent ruling from the Colorado Supreme Court has amended the SOR laws just a few short months after that appellate ruling emerged.

What is a "material" misrepresentation in an insurance policy?

Although the below case pertains to an insurance matter in California, it deals centrally with the issue of "materiality," which can rise to a level of importance in some disputes regardless of where they occur.

Whether an insured's policy contains material misrepresentation of facts germane to one or more questions being answered or conceals material facts in response to queries is universally relevant, and we therefore think that our readers across Colorado might be interested in how the California case was resolved.

Denver metro construction projects: not everyone is happy

I will routinely accord you all due respect, says the owner of one Denver business, "until you step on my toes enough times."

Although Daniel Appell, the proprietor of the Grateful Gnome brewery, isn't suffering from sore feet, he is nonetheless feeling less than charitable these days as he sees the potential for the contemplated opening of his business on September 1 come crashing down around him owing to apparent third-party negligence.

Auto insurers responsible for non-accident injuries?

Auto insurers know that the list of potential reasons for a claim is lengthy and varies from state to state. A ruling by the Michigan Supreme Court could soon make that claims list longer nationwide. If a person is injured in a car accident, they may be able to seek recovery through an insurance claim, but what if a person is injured simply while reaching into their vehicle?

The facts of the case

According to Claims Journal, in September 2012, a Michigan man tore his calf muscle as he reached into his truck to grab his belongings. He attempted to file a claim with his insurer under Michigan's no-fault insurance laws. The insurer took issue with the claim since the vehicle was parked, but the insured said he was using the vehicle for "transportation purposes" at the time of his injury. 

The ethics of crash optimization for self driving cars

As autonomous cars become closer to being regular sightings on Colorado highways, it appears as if consumers and retailers alike are marveling over technology that will allow a car to make split second decisions to avoid crashes or minimize the impact of crashes in order to keep humans safe. However, it also appears that much is not being discussed about the ethical and practical issues surrounding crash optimization.

There’s an inherent paradox with that term. How can you possibly “optimize” a crash that will potentially leave people injured? One could argue that a severe injury is better than a person losing their life, so a crash that causes some physical damage is ostensibly better. 

Denver construction litigation: opposing sides firmly lined up

For quick insight into what has become a major matter of acrimony relevant to would-be Denver construction projects, one need look no further than at some representative comments flowing back and forth.

One critic of projects aimed at building a new stretch of roadway on I-70 and the construction of a large drainage ditch, respectively, in a north area of Denver described as being comparatively "economically depressed" says that the planning surrounding those projected endeavors is baffling.

A look at what legal malpractice insurers are saying

Hacking, a proliferation in so-called "lateral hiring," complex business transactions, confusion and disagreement surrounding estate administration matters -- these and a few additional matters spell significant concerns for insurance companies in Colorado and nationally that provide risk coverage for attorneys and law firms through legal malpractice policies.

Judging from the results of a recently concluded study authored by a major insurance broker, insurers who operate in this somewhat specialized area have a lot of concerns, coupled with an appreciable outflow of money required to address them when adverse legal decisions target their clients.

Taking a balanced look at hospital insurance claim denials

From the perspective of many reputable insurance companies in Colorado and nationally that routinely seek to timely and fully hold up their end of the bargain regarding an insured's claim, it sometimes seems that they face an extra-contractual challenge when responding to a payment demand.

And that is this: simultaneously dealing with the perception that they are somehow responding in outright bad faith or at least in a manner that undercuts an insured's best interests in favor of the company's bottom line.

Will recent Colorado high-court ruling bring more condo projects?

Judging from post-case comments, it is certainly not hard to see that a strong division of opinion exists regarding a recent Colorado Supreme Court ruling focused upon arbitration clauses in condominium project declarations.

According to one homeowners' advocate, the Court's holding in Vallagio at Inverness Residential Condo Association vs. Metropolitan Homes Inc. was "outrageously unfair." Other critics of the 5-2 decision in favor of builders claim that it will likely impede home owners' associations and condo-unit owners abilities to bring construction-defect claims in the future. 

However, contractors and developers take state that Colorado is facing an unprecedented shortage of homes in part due to how easy home owners associations and condo-unit owners can sue construction professionals. The recent ruling will likely help to spur growth for new construction, which may increase homes available on the market, and lead to more affordable housing options for Colorado's booming population. 

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