Monday, September 16, 2013
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 firstname.lastname@example.org or by telephone at (303) 987-9813.