July 20, 2019

Archives for September 9, 2013

Colorado Supreme Court: Announcement Sheet, 9/9/13

On Monday, September 9, 2013, the Colorado Supreme Court issued two published opinions.

People in Interest of O.C.

Davis v. People

Summaries for these cases are forthcoming, courtesy of The Colorado Lawyer.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Tenth Circuit: Summary Judgment Reversed in Insurance Policy Exclusion Interpretation Case

The Tenth Circuit Court of Appeals published its opinion in CL Frates & Co. v. Westchester Fire Ins. Co. on Wednesday, September 4, 2013.

This dispute grew out of a stop-loss policy issued by United Re to a company that had hired Frates as a broker. After issuance of the policy, United filed for bankruptcy protection. When Frates learned of the bankruptcy, it investigated and learned that United was not an insurance company, had been sued in Ohio, and had filed bankruptcy to stall the Ohio litigation. Ultimately, Frates recommended to its client that it move the stop-loss insurance to another insurer. The client agreed. However, Frates had to reimburse the client for what it lost through higher deductibles.

Frates sued Westchester under the errors-and-omissions policy it had issued Frates. The policy excluded coverage for claims “arising out of” bankruptcy or insolvency. The district court granted summary judgment to Frates, agreeing that the claim arose out of United’s deception. The Tenth Circuit reversed, holding that a reasonable trier of fact could find that Frates’ claim arose out of United’s bankruptcy or insolvency.

Tenth Circuit: Unpublished Opinions, 9/6/13

On Friday, September 6, 2013, the Tenth Circuit Court of Appeals issued two published opinions and two unpublished opinions.

TKO Energy Services v. M-I

Guinn v. Jeffco Combined Courts

No case summaries are provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.