Certain fundamental injustices are inherent to the Colorado Workers’ Compensation system. Below, I outline a few of the issues that don’t always receive the public attention they deserve. “Fraud for thee but not for me…” C.R.S. 8-43-402 states that it is a Class 5 felony “if, for the purpose of obtaining any order, benefit, award, compensation, […]
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As we look back on 2024, here are some key personal injury and insurance bad faith cases to consider (bolded sections are the comments of the author): Fear v. GEICO Casualty Co., 2024 CO 77 Plaintiff filed a statutory bad faith claim against its UIM insurer pursuant to C.R.S. section 10-3-1115. At a bench trial […]
Liability insurance coverage in sexual assault cases is often an impediment to recovery for the survivors and to the pursuit of legal remedies at all by their attorneys. Insurance covers fortuitous occurrences that are outside the control of the insured. To this end, policies only cover “accidents,” and typically exclude intentional acts, criminal acts, and […]
For all of my legal career—and much of my life—injury damage caps have been a recurring issue at the statehouse. In 1986, Colorado implemented significant tort reform measures through the passage of the Colorado Tort Claims Act, which aimed to limit the scope of personal injury lawsuits and damages in the state. Since then, there […]
Individuals and entities sometimes transfer their assets to third parties as part of “asset protection” planning in an effort to render themselves “judgment proof” or create obstacles for existing or prospective creditors who might be inclined to sue them. Such transfers often are fraudulent and voidable under the law. Lawyers can encounter fraudulent asset transfers […]
When a person’s death arises out of a tort, such as a motor vehicle accident, Colorado law allows for two distinct causes of action to be brought: a survival action and a wrongful death action. These causes of action belong to different persons (or, possibly, to the same persons but in different capacities), and they […]
Nearly one in five U.S. workers have some sort of noncompete clause in connection with their work. When a worker seeks to move on to a different opportunity, the enforceability of such noncompete clauses is an important issue for both the worker and the employer. However, the enforceability of noncompete clauses is very much in […]
