August 23, 2019

Archives for April 4, 2014

18th Judicial District & AARP ElderWatch Hosting Fraud Prevention and Safety Summit

On Thursday, May 15, 2014, the 18th Judicial District Attorney’s Office and AARP Foundation ElderWatch will host a Fraud Prevention and Safety Summit in Parker, Colorado. This no-cost event is aimed at empowering seniors with tools and information to stay safe and prevent fraud before it happens. The event will be held at the Parker Arts, Culture, and Events Center. Registration is required and must be submitted by May 7, 2014. Register online at this website or call (877)  926-8300.

Seniors who attend the event will be educated on protecting themselves and their identities, and will interact with community agencies to identify community resources. Complimentary refreshments will be provided, and seniors will have a chance to network with other attendees.

A flyer about the event is available here. Please feel free to widely distribute this information and the flyer.

Ray Ann Brammer Appointed to Logan County Court

On Wednesday, April 2, 2014, Governor Hickenlooper via Lt. Gov. Joe Garcia appointed Ray Ann Brammer to fill a vacancy on the Logan County Court occasioned by the retirement of Hon. Robert B. Smith. The appointment is effective April 30, 2014.

Ms. Brammer currently is a co-owner of Brammer Law Office, P.C., where she focuses on collections and forcible entry and detainer. She also practices environmental/natural resources law, including water rights and real estate law, as well as dependency and neglect, probate, and agency representation. Prior to starting the Brammer Law Office, she worked at the Law Offices of John Musick, Jr. and Vranesh & Associates, and clerked for Hon. Robert Behrman.

 

 

Tenth Circuit: Employer Not Liable for Underinsured Motorist Benefits Because Utah Workers’ Compensation Act Provides Exclusive Remedy

The Tenth Circuit Court of Appeals issued its opinion in Christofferson v. United Parcel Service, Inc. on Wednesday, April 2, 2014.

Mr. Alan Christoffersen drove a truck for United Parcel Service (UPS) until he was struck and killed by an underinsured motorist. After the accident, Mr. Christoffersen’s heirs sued UPS and its automobile insurer (Liberty Mutual Insurance Group), asserting claims for underinsured motorist (UIM) benefits. All parties moved for summary judgment. The district court granted UPS’s motion on the ground that Utah’s Worker’s Compensation Act provided the exclusive remedy. On the claim against Liberty Mutual, the court granted judgment to the heirs for $10,000. Through this judgment, the court effectively awarded partial summary judgment to both sides, holding that: (1) UPS did not validly reject UIM coverage under its 2008 policy, (2) the policy was a “new” policy for purposes of determining UIM coverage, and (3) the heirs were entitled to recover UIM benefits in the amount of $10,000. The heirs and Liberty Mutual appealed.

The Tenth Circuit concluded that Liberty Mutual did not incur liability because UPS validly rejected UIM coverage; thus, on the claim against Liberty Mutual, the judgment of $10,000 for the heirs was reversed and the claim was remanded with instructions to grant summary judgment to Liberty Mutual on the entire claim.The award of summary judgment to UPS was affirmed because UPS was not considered a “self insurer” for purposes of Utah’s UIM statute.

Tenth Circuit: Unpublished Opinions, 4/3/2014

On Thursday, April 3, 2014, the Tenth Circuit Court of Appeals issued no published opinions and one unpublished opinion.

Reyna v. Brown

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.

SB 14-170: Allowing Motor Vehicle Licensing Agency to Designate Privately Owned Vehicles to Be Used to Escort Funeral Processions

On March 27, 2014, Sen. Nancy Todd introduced SB 14-170 – Concerning the Authority of a Vehicle that Is Being Used to Escort a Funeral. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill expands the statutory definition of “authorized emergency vehicle” to include privately owned vehicles that are designated as such by the state motor vehicle licensing agency (agency) for the limited purpose of escorting funeral processions. If the agency designates a vehicle as an authorized emergency vehicle for the purpose of escorting a funeral procession, the vehicle is an authorized emergency vehicle only while the vehicle is being used for this purpose.

The bill is assigned to the Judiciary Committee.

SB 14-166: Directing Office of Economic Development to Develop an App that Identifies Local Businesses

On March 21, 2014, Sen. Morgan Carroll introduced SB 14-166 – Concerning the Development of Mobile Application Software in the Colorado Office of Economic Development that Users May Access to Identify Local Businesses. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill directs the Colorado office of economic development (office) to contract for the creation of mobile application software (app) that identifies local businesses in Colorado. Local businesses, which are defined as businesses that are owned, located, or headquartered in, or that manufacture in, the state, may elect to participate in the app.

The bill is assigned to the Business, Labor, and Technology Committee.