Judge Kandace Gerdes
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Colorado justices to decide insurance companies’ obligation to disclose relevant policies
The Colorado Supreme Court announced on Monday that it will decide whether an insurance company violated state law by withholding an at-fault driver’s policy for nearly a year when there was no dispute that the policy was not in effect at the time of the accident. At least three of the court’s seven members must…
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Divided appeals court orders insurance company to pay $35,600 for delayed disclosure of policy
Colorado’s second-highest court concluded on Thursday that an insurance company violated state law when it refused to disclose an automobile policy to an injured motorist for nearly one year after she requested it. By 2-1, a three-judge Court of Appeals panel held that Esurance Property & Casualty Insurance Company had an obligation to hand over…
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Federal judge advances convicted man’s lawsuit over $3,406 still in Denver’s possession
A federal judge this month agreed an incarcerated man may proceed to sue Denver and the commander of its major crimes division for refusing to return $3,406 that authorities confiscated after his arrest 20 years ago. Jurors convicted Brian Hicks of murder in 2011. Originally, police arrested Hicks in 2005 and charged him with attempted…
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Denver judge once again made incorrect ruling in 7-year-old billing dispute
For the second time in under a year, the Colorado Supreme Court overturned a Denver judge’s order in a long-running civil lawsuit over hospital billing practices that has yet to reach trial. Justice Richard L. Gabriel, in the court’s April 14 opinion, observed there continues to be a misunderstanding about the information relevant to deciding…
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Appeals court says state campaign finance enforcement framework is constitutional
Colorado’s second-highest court agreed last week that the state’s current method of adjudicating campaign finance complaints is constitutional and is not the “very definition of tyranny.” For several years, state law has allowed any person to file a complaint alleging a campaign finance violation, which the Colorado Secretary of State’s Office then screens, decides whether to dismiss…
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Colorado Supreme Court wades into disputes over confidential info
The Colorado Supreme Court announced this week that it may intervene in two ongoing civil lawsuits implicating the disclosure of information the parties argue is shielded. At least four of the court’s seven members must agree to take up an appeal directly from the trial courts, in contrast to three votes needed to review a…
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Appeals court reinstates man’s lawsuit challenging $600 open records fee
Colorado’s second-highest court on Thursday directed a trial judge to evaluate whether the state’s health department responded reasonably by imposing a $600 fee on a man’s request for records about the administration of ketamine by paramedics. At the same time, a three-judge panel for the Court of Appeals took umbrage at the inflammatory language Frank…