David McLain | Higgins, Hopkins, McLain & Roswell In its recent decision in Mid-Century Insurance Co. v. HIVE Construction, Inc., 2025 CO 17, the Colorado Supreme Court definitively closed the door on an often-litigated theory: that the economic loss rule does not bar tort claims based on willful and wanton conduct. The ruling clarifies a lingering… Continue reading No Exception for Willful and Wanton Conduct: Colorado Supreme Court Clarifies the Economic Loss Rule
Tag: Economic Loss Rule
Colorado Supreme Court Clarifies – a Bit – the Economic Loss Rule
William Jones | Lathrop GPM In a case that could have far reaching implications for business and construction litigation, the Colorado Supreme Court issued an opinion on April 21, 2025, providing some greater clarity on the economic loss rule under Colorado law in Mid-Century Insurance Company v. HIVE Construction, Inc., 2025 CO 17 (2025). While the… Continue reading Colorado Supreme Court Clarifies – a Bit – the Economic Loss Rule
Absolute Pollution Exclusion, Economic Loss Rule Coverage Update
Amy Diviney and Shantinique Brooks | Plunkett Cooney Absolute Pollution Exclusion – New Mexico Chisholm’s Village Plaza LLC v The Cincinnati Ins. Co.No. 23-2133, 2025 WL 1178099 (10th Cir. Apr. 23, 2025) The U.S. Court of Appeals for the Tenth Circuit, in reversing the order of the U.S. District Court of New Mexico, determined that… Continue reading Absolute Pollution Exclusion, Economic Loss Rule Coverage Update
Recent Colorado Appeals Court Decision Provides Further Guidance on the Colorado Economic Loss Rule Doctrine
Laurie Choi, Amanda E. McKinlay and Joe Layzell | Snell & Wilmer In the recent decision of Veolia Water Tech., Inc. v. Antero Treatment LLC, 2024 COA 126 (Colo. App. 2024), the Colorado Court of Appeals addressed the “murky” application of the economic loss rule to the intentional tort of fraud. The Court separately affirmed the… Continue reading Recent Colorado Appeals Court Decision Provides Further Guidance on the Colorado Economic Loss Rule Doctrine
Willful or Wanton Conduct Not Enough to Overcome Economic Loss Rule Says Colorado Court
Amandeep S. Kahlon and Carly Miller | BuildSmart In Mid-Century Insurance Co., v. HIVE Construction, Inc., a Colorado court of appeals recently reversed the decision of a lower court that had refused to apply the economic loss rule to a negligence claim alleging wanton or willful misconduct. The appellate court determined that, where the negligence claim… Continue reading Willful or Wanton Conduct Not Enough to Overcome Economic Loss Rule Says Colorado Court