Settlement Payment May Preclude Finding of Policy Exhaustion: Scottsdale v. National Union

Heather Anderson – December 11, 2013 In the last year, the U.S. District Court for the District of Colorado found that a settlement payment from an excess insurance carrier to another primary insurance carrier precluded a finding of vertical exhaustion sufficient to trigger the primary carrier’s duty to indemnify.  See Scottsdale Ins. Co. v. National… Continue reading Settlement Payment May Preclude Finding of Policy Exhaustion: Scottsdale v. National Union

A Short Summary of the Colorado Construction Defect Action Reform Act

Anne K. McMichael, Esq. For 12 years, the Construction Defect Action Reform Act (C.R.S. § 13-20-801, et. Seq.) or “CDARA”, has governed how construction defect litigation and arbitration actions are conducted in Colorado.  While portions of this act are reasonably straightforward, several of the sections are subject to ongoing debate as to how these concepts… Continue reading A Short Summary of the Colorado Construction Defect Action Reform Act

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