A recent Montana Senate Bill (SB 251), effective as of April 30, 2021, has completely changed the scope of damages recoverable for medical services or treatment in actions arising from bodily injury or death. This new bill limits damages to the actual amount paid by...
In a sea change for Colorado law, the Colorado Supreme Court in Gill v. Waltz, 2021 CO 21, and its companion case, Delta Air Lines, Inc. v. Scholle, 2021 CO 20, held a plaintiff cannot recover medical expenses which were paid by the plaintiff’s workers’ compensation...
The Colorado Supreme Court’s decision in Ryser v. Shelter Mutual Insurance Company, 2021 CO 11 (Feb. 16, 2021), clarifies that the exclusive remedy provisions of, and the immunity granted by, the Workers’ Compensation Act (“WCA”), C.R.S. §§ 8-41-102 and -104, extends...
Colorado has long recognized an insured’s right to protect him or herself by assigning their claims against insurers when the insurer refuses to defend or settle a third-party claim. The parameters of exactly when an insured may enter into an assignment (referred to...
Most attorneys have been in the position of helping a friend or family member by providing legal advice or even representation in a limited scope. However, when an attorney-parent undertakes representation of their child in litigation, the Rules of Professional...
In the 2020 Legislative Session, Colorado’s General Assembly enacted legislation (House Bill 20-1290) placing additional barriers to asserting the failure to cooperate defense in litigation between an insured and their insurer. Failure to cooperate is a defense an...
