John R. Chase, Partner

Deutsch v. BITCO General Insurance Corp., 21-1150-EFM, 2022 WL 796308, USDC, D. Kansas (03/16/2022) (finding no coverage under a CGL policy for allegations that an insured mistakenly paid royalty interests for oil production, as policies covering damage to tangible property do not cover purely economic losses).

Carballido v. Target Corp., 1:19-cv-01057-REB-SKC, 2021 WL 1376997, USDC, D. Colo. (04/12/2021) (distinguishing between affirmative and rebuttal experts, denying plaintiff’s motion to strike defendant’s rebuttal experts, and striking certain opinions of plaintiff’s retained medical expert for violations of FRCP 26(a)(2)(B)). 

Union Insurance Co. v. Klingenberg, d/b/a Klink’s Plumbing and Heating, CIV 20-4028, 2021 WL 1102189, USDC, D. South Dakota (03/23/2021) (applying exclusions j(5) and j(6) in a CGL policy to find that property damage to the named insured’s work was excluded from coverage).

Marshall v. Target Corp., 17-cv-00880-WYD-STV, 2018 WL 3475204, USDC, D. Colo. (07/19/2018) (addressing spoliation of evidence standard in federal court and denying plaintiff’s motion for spoliation sanctions on the basis that any alleged prejudice was speculative or de minimus).

Ensign United States Drilling, Inc. v. B&H Rig and Tong Sales, 13-cv-00724-LTB, 2013 WL 5834558, USDC, D. Colo. (10/30/2013) (dismissing case against defendant for lack of personal jurisdiction).

Target Corporation v. Prestige Maintenance USA, LTD., 351 P.3d 493 (Colo. App. 2013) (subrogation recovery of over $700,000 in workers compensation benefits paid by Target to an employee who was injured as a result of the defendant’s negligence affirmed on appeal).

Malaga, LLC, A Nevada Limited Liability Company, et al. v. Charter Oak Fire Insurance Company, et al., 11CA2356, June 13, 2013 (summary judgment finding the insured was not owed liability insurance coverage for allegations of trespass and breach of an easement agreement affirmed on appeal).

Travelers Prop. Cas. Co. of Am. v. Farmers Ins. Exch., 240 P.3d 521 (Colo. App. 2010) (holding that injuries incurred by a plaintiff who left a restaurant and slipped and fell in a parking lot while walking to her car did not trigger additional insured coverage for liability arising out of ownership, maintenance or use of the restaurant premises).

Sheffield Servs. Co. v. Trowbridge, 211 P.3d 714 (Colo. App. 2009) (in a matter of first impression, holding that Colorado statutory law governing limited liability companies (“LLCs”) did not preclude application of the common law doctrine of “veil piercing” to impose personal liability on the managing member of an LLC who was responsible for improper distributions of LLC assets).

Grabau v. Target Corp., 06-cv-01308-WDM-KLM, 2008 WL 179442, USDC, D. Colo. (01/17/2008) (denying motion for leave to amend to add punitive damage claim as futile based upon the plaintiff’s failure to make a prima facie showing that defendant acted with willful and wanton conduct).

Titan Indem. Co. v. Travelers Prop. Cas. Co. of Am., 181 P.3d 303 (Colo. App. 2007), writ of certiorari denied, 2008 Colo. LEXIS 430 (April 21, 2008) (applying a “professional services” exclusion in a CGL policy to exclude coverage for liability arising out of the insured’s failure to schedule an independent medical examination or pay medical bills as required under the terms of a contract with a third party).

Bainbridge, Inc. v. Travelers Cas. Co., 159 P.3d 748 (Colo. App. 2006) (applying the doctrine of equitable subrogation to allow a home purchaser to recover for damages that occurred when the purchaser’s predecessor in title owned the home, and finding that the duty to defend an insured builder was triggered by the purchaser’s lawsuit, notwithstanding the fact that the home in question was acquired by the purchaser after Travelers’ CGL policy issued to the builder had expired).

Farmington Cas. Co. v. Duggan, 417 F.3d 1141 (10th Cir. 2005) (applying exclusions j(5) and j(6) in a CGL policy to exclude coverage for damage to masonry block walls that collapsed after substantial completion, but before all work called for in the insured’s contract had been completed).