Miller Chasen and Sherman Robert | Otten Johnson Robinson Neff & Ragonetti On April 21, 2025, the Colorado Supreme Court handed down its decision in Mid-Century Ins. Co. v. HIVE Construction. This case provided a further articulation of the Court’s interpretation of the economic loss rule, a legal doctrine that broadly prevents certain plaintiffs from recovering… Continue reading The Economic Loss Rule and the Shifting Landscape of Construction Defect Law in Colorado
Tag: Economic Loss Rule
Colorado Supreme Court Rules There is no Exception to the Economic Loss Rule for Willful and Wanton Conduct
Michael Laszlo | Clark Hill On April 21, the Colorado Supreme Court held that there is no exception to the economic loss rule (“ELR”) for willful and wanton conduct. In Mid-Century Ins. Co., v HIVE Constr., Inc., the court drew an important distinction between intentional conduct (which is an exception the to the rule) and willful… Continue reading Colorado Supreme Court Rules There is no Exception to the Economic Loss Rule for Willful and Wanton Conduct
No Exception for Willful and Wanton Conduct: Colorado Supreme Court Clarifies the Economic Loss Rule
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
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