Blog Of Insured Interest®

NEW ACT AFFECTS VARIOUS ASPECTS OF REMOVAL OF CASES TO FEDERAL COURT

The Federal Courts Jurisdiction and Venue Clarification Act of 2011, includes several amendments affecting the timing of removal in diversity-jurisdiction cases, removal in cases with multiple defendants, determining the amount in controversy, original jurisdiction, and venue.  Important changes regarding removal include: Each defendant has 30 days from the date of service to initi...

Attorneys Grund and Knutson discuss critical incidents and litigated claims with ski instructors

On November 16, at the request of the Professional Ski Instructors Association (PSIA) Rocky Mountain Division, John Grund, a partner at Grund • Dagner, joined Tracey Knutson (Knutson & Associates), to address representatives from the PSIA member schools. Their well-received presentation focused on risk management as well as on various issues relating to the handling of critical inciden...

Ruling Affects Construction-Defect Insurance Coverage

On November 1, 2011, the Tenth Circuit Court of Appeals issued a ruling that will significantly impact construction-defect insurance coverage.  In Greystone Construction, Inc. v. National Fire & Marine Insurance Co., the court addressed the definition of the term “accident,” as it relates to the meaning of the term “occurrence” in Commercial General Lia...

Medical Malpractice Attorneys Successfully End Litigation Against Hospital And Nurse Sued For False Imprisonment

Grund · Dagner’s medical malpractice and hospital defense attorneys won a Motion for Judgment on the Pleadings ending litigation against a nurse and a hospital alleged to have falsely imprisoned a patient during an emergency-room visit in 2009. The ruling held that when alleged false imprisonment occurs at a Colorado hospital, the more specific one-year statute of limitations,...

Building-Code Violations That Lead To Injury Are Not Necessarily Fatal To The Defense

The Colorado Court of Appeals recently determined in a Premises Liability Act case that a building-code violation is some evidence of failure to exercise reasonable care, but is not conclusive on the issue.  So what does this mean to you?  It means that even if a building-code violation ultimately leads to an injury, it is not necessarily fatal to your defense.  So held the court...

New Ruling Outlines Tests for Right to Privacy During Discovery of Financial Information

A new, comprehensive legal test for discovery of records possibly protected by the right to privacy has been issued by the Colorado Supreme Court. With discovery requests implicating the right to privacy or confidentiality, the requesting litigant in Colorado must now prove each of the following four elements:  the documents are relevant to the subject matter of the case;...

Colorado senate kills bill that would have recognized the risks of mountain biking

A Colorado Senate committee recently killed a bill that, as the state does for skiing and equine activities, would have recognized the inherent risks of mountain biking. The bill was of interest to Grund · Dagner’s attorneys who focus on recreation and amusement park accidents, the dude ranch community, and to other tourism officials including the head of Colorado Ski Country U...

Dagner to Moderate Council on Litigation Management Educational Panel

Defense attorney, Deana Dagner, will moderate two educational panels at the Council on Litigation Management’s (CLM) Swim in Denver Event, on Wednesday, July 20, 2011.   The first panel, a women’s forum, focuses on balancing work and family, and the second will explain how to get a claim moving.  Dagner frequently lectures to insurance claims adjusters and risk manager...

Dagner designated as a state chair for the Council on Litigation Management

The Council on Litigation Management (“CLM”) designated Deana Dagner a State Chair of the organization.  Dagner is one of four Colorado representatives designated to work in a leadership role and assist in developing growth, fostering communication and providing more opportunities for other CLM members to participate within the organization. CLM is an alliance of insurance...

Grund Recognized by The Roller Skating Association International

The Roller Skating Association International recently recognized John W. Grund for his exemplary and innovative assistance to the association at the group’s annual Roller Skating Association Convention and Trade Show.   Grund has been active with The Roller Skating Association International through his participation with the International Amusement and Leisure Defense Association...