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Fort Collins, Colorado

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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.

T. Thomas Metier

Can a Homeowner Assign Rights Without the Insurer’s Consent?

The Court determined that assignment of a claim under a homeowner’s insurance policy for the homeowner’s property damage casualty loss is valid, despite a non-assignment clause.

T. Thomas Metier

Does the Writing on the Back of the Lift Ticket REALLY Waive Liability?

If you plan to go to Vail and enjoy some skiing—you had better read the waivers you are signing. In Brigance v. Vail Summit Resorts, Inc., (Civil Action No. 15-cv-1394-WJM-NYW.) United States District Court D., Colorado, January 13, 2017, the […]

T. Thomas Metier

Fire Your Attorney for Cause, Hire a New One and Win the Case. Who Gets Paid?

The district court determined Mintz was not entitled to fees because Mintz had been discharged for cause, and under the express language of the agreement between Mintz and the plaintiff, Martinez, Mintz had therefore forfeited any fee.