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| Cary v. United of Omaha Life Ins. Co., Case No. 04SC13,
SUPREME COURT OF COLORADO, February 28, 2005, Decided
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Overview: In an insurance dispute, a policy was ambiguous as to whether self-inflicted injuries were excluded; therefore, the court ruled in favor of allowing coverage for injuries suffered by an insured's mentally ill daughter after an unsuccessful suicide attempt.
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| Mishkin v. Young, Case No. 03SC848,
SUPREME COURT OF COLORADO, February 28, 2005, Decided
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Overview: Landlord forfeited all rights to withhold a tenant's security deposit pursuant to Colo. Rev. Stat. ¿ 38-12-103(2) (2004) and was subject to treble damages under ¿ 38-12-103(3)(a) because landlord had wrongfully retained security deposit by failing to return it or account for its retention within statutory time period established by ¿ 38-12-103(1).
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| Rantz v. Kaufman, Case No. 04SA273,
SUPREME COURT OF COLORADO, February 28, 2005, Decided
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Overview: The Supreme Court of Colorado held that obtaining post-conviction relief on an ineffective assistance of counsel claim was not a prerequisite to filing a legal malpractice suit. Where the former client filed for post-conviction relief first, his malpractice suit was stayed pending resolution of his Colo. R. Crim. P. 35(c) post-conviction appeal.
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| Smith v. Truman, Case No. 04SA190,
SUPREME COURT OF COLORADO, February 28, 2005, Decided
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Overview: A district court was ordered to lift a stay imposed in a legal malpractice case because a client was not required to seek or obtain postconviction relief under Colo. R. Crim. P. 35 prior to filing the suit.
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| Wolford v. Pinnacol Assurance, Case No. 03SC472,
SUPREME COURT OF COLORADO, February 28, 2005, Decided
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Overview: Where workers' compensation claimant was convicted under Colo. Rev. Stat. ¿ 8-43-402 (2004) for falsely stating she was not working to obtain temporary total disability benefits (TTD), she forfeited those TTD benefits, but not permanent partial disability (PPD) benefits because PPD benefits were not awarded as result of false statement.
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| Compass Bank v. Brickman Group, LTD, Case No. 03SC632,
SUPREME COURT OF COLORADO, March 7, 2005, Decided
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Overview: Court of appeals correctly held that Colo. Rev. Stat. ¿ 38-22-103 permitted a mechanics' lien to be enforced against more than one but fewer than all of the properties benefiting under the contract, as long as a proper apportionment of the debt could be made; however, its apportionment order failed to account for all of the benefiting properties.
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| Whitham Farms, LLC v. Encana Energy Res., Inc., CASE NO. 03SC652,
SUPREME COURT OF COLORADO, March 8, 2005, Decided
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