If you have followed the events in Colorado’s legislature this year related to the construction industry, then you’re most likely familiar with the recent passage of HB 10-1394. HB 10-1394, now codified at C.R.S. § 10-4-110.4 and C.R.S. § 13-20-808, provides courts guidance when interpreting commercial general liability policies issued to construction professionals. Interestingly, although […]
Colorado Construction Litigation Blog
In that there is no appellate law at this point interpreting or applying the recently enacted HB 10-1394, I find even district court orders on the topic to be very interesting. In Colorado Pool Systems, Inc., et al. v. Scottsdale Insurance Company, et al., The Honorable Christopher C. Cross set forth the pertinent facts as […]
In a recent edition of the Home Builder Advocate, the Home Builders Association of Metro Denver included an article entitled, “What was accomplished by the passage of House Bill 1394? What does it mean to our industry?” In defense of the HBA’s support of the bill, the article states: Since the signing of House Bill […]
In the August 2010 volume of The Colorado Lawyer, Ronald M. Sandgrund and Scott F. Sullan wrote an article entitled, “H.B. 10-1394: New Law Governing Insurance Coverage for Construction Defect Claims.” This article provides a unique perspective on the law, from two of its proponents. What follows is the text of the article by Messrs. Sandgrund and […]
As many of you are aware, in May of this year Governor Ritter signed into law Colorado House Bill 10-1394, soon to be codified as C.R.S. § 13-20-808(3). Among other effects, the bill retroactively changes the duty of insurers to defend construction professionals in construction liability cases. The bill faced staunch opposition from insurers, agents, […]
For those of you not familiar with IRMI, it is the International Risk Management Institute, Inc., a powerhouse in terms of providing accurate and insightful information regarding insurance and insurance coverage. According to its website, IRMI’s ” mission is to be the premier authority in providing expert advice and practical strategies for risk management, insurance, […]
On June 10, 2010, I had the privilege of speaking to members of the Construction Defect Claim Managers Association (“CDCMA”) in Irvine, California. The CDCMA’s purpose is to foster communication and trust amongst its membership and to permit continuing education, leading to effective and efficient claims handling methods and mechanisms for the benefit of insureds, […]
As previously discussed over the last few months in this blog, HB 10-1394 has been creating a lot of waves in the Colorado insurance industry and among those that it insures in the construction industry. A compendium of previous entries related to HB 10-1394 can be found here. The latest news is that Governor Ritter […]
After passing third reading in the Senate on May 4th, HB 10-1394 went to the Governor’s office for the first time. Because of pressure from insurance companies, the Governor’s office urged the parties interested in HB 10-1394 to continue working on compromise language and threatened that the bill would be vetoed if the parties could not […]
In today’s online edition of the Denver Business Journal, Ed Sealover reported that the “Bill that bothered Colorado builders dies without a hearing.” In a hearing today of the Senate State, Veterans and Military Affairs Committee, Senate Majority Leader John Morse asked the committee to postpone Senate Bill 45 indefinitely after stating that the issues […]
