The Colorado Pool case has been featured in two past blog entries,
including: “An Arapahoe County District Court Refuses to Apply HB 10-1394
Retrospectively,” which discussed the case at the trial court level, and “Colorado Court of Appeals Finds Damages to Non-Defective
Property Arising From Defective Construction Covered Under Commercial General
Liability Policy,” which discussed the case at the Court of Appeals level.
In both instances, the courts held that retroactively applying C.R.S. C.R.S. § 13-20-808 to policies in
effect prior to the date of the statute’s enactment would be impermissibly retrospective because it would change the coverage under the policy for which the
parties had originally bargained.
On September 3, 2013, the Colorado Supreme Court granted Colorado
Pool Systems, Inc.’s petition for writ of certiorari and summarized the issue
to be decided as:
Whether
the court of appeals erred in (a) holding that section 13-20-808, C.R.S. (2012)
would be unconstitutionally retrospective as applied to Colorado Pool’s
commercial general liability (CGL) policy and (b) whether the court of appeals
further erred in its interpretation of the CGL policy under the common law.
For additional information regarding C.R.S. § 13-20-808 or the Colorado
Pool’s case, you can contact David M. McLain by e-mail at mclain@hhmrlaw.com or by telephone at
(303) 987-9813.
