05272017Headline:

Fort Collins, Colorado

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T. Thomas Metier

Are Century-Old Water Rights Enough to Preserve Easement Rights?

The Supreme Court of Colorado examined the 2014 decree to determine whether it expressly recognized a right to divert water from the ditch.

T. Thomas Metier

Did the District Court Err When It Failed to Dismiss a Case for Forum Non Conveniens?

Cox appealed, arguing the District Court erred in granting Sage’s motion to dismiss because there were no unusual circumstances sufficient to overcome the presumption in favor of Colorado courts hearing cases brought by Colorado residents.

T. Thomas Metier

Does a Homeowner’s Insurance Policy Cover Lawsuit Defense When There Was No Physical Injury or Property Damage?

The plain language of the policy excluded coverage for Dawson’s defense or for any financial liability in the state court action.

T. Thomas Metier

When a Property Owner Association Approves Plans Then Rescinds Its Approval, Can It Be Held Financially Responsible?

The Supreme Court of Colorado answered that question in Mac McShane and Cynthia Calvin v. Stirling Ranch Property Owners Association, Inc. (2017 CO 38).

T. Thomas Metier

What Constitutes an Unreasonable Risk of Harm in a Grocery Store?

The Nebraska Court of Appeals decides whether a broken hip and loss of consortium is the fault of the grocery store and its watermelons in Robertson v. U Save Foods, Inc.

T. Thomas Metier

What Does the Coverage Exclusion Clause in Homeowner’s Insurance Regarding Surface Water Mean?

The Court concluded that the precipitation that fell on Martinez’s home and then flowed into the window wells was all surface water, which the insurance policy clearly and plainly excluded from coverage.

T. Thomas Metier

Is Contractual Privity Necessary for a Home Buyer to Assert a Claim of Breach of the Implied Warranty of Suitability Against the Developer?

The threshold question was whether contractual privity was necessary for a home buyer to assert a claim for breach of the implied warranty of suitability against the developer.

T. Thomas Metier

What Potential Injuries is a Gym Member Assuming the Risk for When They Sign the Membership Agreement?

The judgment on Stone’s negligence claim was affirmed, the judgment on her PLA claim was reversed, and the case was remanded for further proceedings on that claim.

T. Thomas Metier

Can an Insurer Depreciate the Covered Loss Amount When Terms Are Vague?

The Supreme Court looked at Henn’s claim that the language in the insurance contract was ambiguous, American Family disagreed.

T. Thomas Metier

Does the Premises Liability Act Provide the Sole Legal Remedy for a Plaintiff on Private Property?

Under the PLA, the only way Tancrede could recover is to show that Freund injured her willfully.