insurance
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Colorado Supreme Court ponders insurers’ ability to defend against policyholders
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The Colorado Supreme Court considered last week what steps insurance companies must take to defend themselves against lawsuits from injured policyholders who, based on a technicality, were legally not at fault for their injuries. When an insured driver has an accident with someone who is uninsured, they may obtain benefits under their own insurance policy…
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Colorado justices ponder scope of law curbing insurers’ ability to allege failure to cooperate
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Members of the Colorado Supreme Court pondered a question last week that could have sweeping ramifications for those making insurance claims: When the legislature required insurance companies to take certain steps before accusing policyholders of failing to cooperate in an investigation, do those protections apply to every request an insurer might make? Leading up to…
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Gov. Jared Polis’ plan to privatize Pinnacol Assurance comes with legal questions
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Gov. Jared Polis recently announced that, as part of his proposed 2026-27 budget, he would allow Pinnacol Assurance, Colorado’s quasi-public workers’ compensation insurance division, to go private. However, questions on whether it’s possible or legal remain. The Polis administration previously claimed that Pinnacol is a state asset that can be “spun off.” Pinnacol, a domestic…
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Colorado justices ponder whether rental car companies are also ‘insurers’
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The Colorado Supreme Court considered last week whether car rental companies that offer insurance policies can also be deemed “insurers” who may be sued for their failure to pay out benefits on claims. Hertz Corp. argued it was not an insurance company based on a sequence of events in the 1990s. The Supreme Court ruled…
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Colorado: Health insurance premiums set to double in 2026
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Health insurance rates for middle-income Coloradans who buy their own coverage are set to double in 2026, according to the state’s insurance division. The statewide net average premium increase will hit 101%, the Colorado Division of Insurance said on Monday, adding that likely will mean that 75,000 Coloradans won’t be able to afford health insurance…
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Colorado legislators seek to stabilize health insurance premiums with federal tax credits going away
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Colorado legislators are considering an infusion of cash into a program in an effort to keep health insurance premiums low amid recent changes to the tax code enacted by Congress, notably the end of tax credits offered on state-run and federal exchanges. One proposal would boost funding for the program by $100 million. Another proposal…
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Divided appeals court says COVID-19 did not cause ‘direct physical loss’ to senior care facilities
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Colorado’s second-highest court ruled on Wednesday that the COVID-19 pandemic and related public health orders did not cause a “direct physical loss” to the property of various assisted living facilities to the point of triggering insurance coverage. By 2-1, a three-judge Court of Appeals panel relied on the reasoning of recent federal court opinions and…
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10th Circuit says judge misinterpreted meaning of ‘sudden’ in Denver property damage case
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The Denver-based federal appeals court ruled on Thursday that a trial judge incorrectly interpreted the meaning of “sudden” when he concluded an insurance company need not pay for damage to a home allegedly caused by prolonged construction work nearby. Experts hired by Allstate and homeowner Michael Catalano Jr. disagreed whether the damage to Catalano’s Denver…
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Colorado Supreme Court accepts cases on leaving the scene of accidents, insurance
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The Colorado Supreme Court announced on Monday that it will consider whether prosecutors must prove defendants knew they were involved in an accident resulting in death or serious injury in order to be convicted for leaving the scene. At least three of the court’s seven members must agree to hear a case on appeal. The…
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All about the ‘quandary’: Judges talk about when Colorado Supreme Court wades into federal cases
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For the most part, cases that are filed in state court proceed linearly through the state trial courts, appellate court and Supreme Court. Likewise, federal cases are heard by a federal trial judge, a federal appeals court and, on rare occasions, the nation’s highest court. But sometimes, when a federal case involves a question of…
