Torts Law Chapter - Annual Survey 2010 Out of Stock
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Title: 2010 Annual Survey of Law
Chapter: Torts
Chapter: Torts
Author: John W. Grund
Format: Electronic Download
The 2010 Annual Survey of Colorado Law is written by top lawyers in their fields and covers many of the most critical areas of Colorado law and practice. The Annual Survey is an important resource to help you stay current with legal updates and trends.
Want CLE Credit while getting the current updates? John Grund presented a one hour seminar on Torts: 2010 Annual Survey of Colorado Law. Order the MP3 Download or Video On-Demand of the recorded program.
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Although those who work in the appellate courts would probably not share this view, from a “Torts” perspective, 2010 was somewhat of a slow or unexciting year. Oh, there were the usual number of cases from the Colorado Supreme Court and Colorado Court of Appeals, but it lacked some of the pizzazz of more recent years. The Construction Defect Action Reform Act continues to generate litigation, and one supreme court case, Smith v. Executive Custom Homes, Inc., discussed immediately below, may have surprised some, as it provided a quite literal reading of the applicable statute of limitations in CDARA cases. Otherwise, the supreme court's more meaningful cases were in the damages realm, generating a fairly active dispute among the justices. The “fees billed vs. fees paid” debate in personal- injury cases received its due in both appellate courts, with the common-law collateral-source rule being largely reinforced, to the lament of tort feasors and their insurers. The supreme court also spoke (again four voices to three) in the bad-faith arena, reversing the court of appeals and holding that a liability judgment in excess of policy limits establishes actual damages for purposes of pretrial, stipulated consent judgments that are later relied upon in bad-faith actions against the insurer, even though the agreement in question may contain a covenant not to execute against the insured. Nunn v. Mid- Century Ins. Co. (discussed below under “Bad-Faith Breach of Insurance Contracts”). Perhaps the greatest excitement arose from some of the legislative developments, as several enacted bills should provide fodder for considerable litigation down the road. These new bills include legislation that codifies, or attempts to codify, rules of insurance construction in liability policies that affect construction professionals; another that makes motor-vehicle insurers their insureds' agents for purposes of service of process when the insured cannot be located; one that will impact insurers' ability to seek subrogation unless insureds have been made whole; and finally, one that allows interlocutory appeals of potentially dispositive determinations of questions of law. It will be interesting to see what 2011 brings.
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