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| Am. Nat'l Gen. Ins. Co. v. Rivera, Court of Appeals No. 06CA0381,
COURT OF APPEALS OF COLORADO, DIVISION THREE, October 18, 2007, Decided
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Overview: When an insurer excluded a resident friend as an insured driver on an insured's policy, the exclusion violated the Colorado Auto Accident Reparations Act. Definition of "insured" in Colo. Rev. Stat. § 10-4-703(6) (repealed 2003) applied to the collision provision of Colo. Rev. Stat. § 10-4-710(3), which furthered the purposes of the No Fault Act.
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| Hinojos v. Janzen, Court of Appeals No. 06CA0998,
COURT OF APPEALS OF COLORADO, DIVISION ONE, October 18, 2007, Decided
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Overview: In a quiet title action, district court's judgment for intervenor was affirmed as intervenor established title to property underlying abandoned railroad right-of-way as required by 43 U.S.C.S. § 912 because evidence established that grantors intended to convey all of the land they owned, which included the land underlying the railroad right-of-way.
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| Jewett v. Am. Std. Ins. Co., Court of Appeals No. 06CA1523,
COURT OF APPEALS OF COLORADO, DIVISION ONE, October 18, 2007, Decided
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Overview: Pedestrian's insurer was entitled to summary judgment in pedestrian's action to reform a policy to add Additional Personal Injury Protection (APIP) benefits because the insurer offered APIP on twelve occasions prior to pedestrian being struck by a vehicle, and the offers were reasonably calculated to permit an informed decision about the coverage.
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| People ex rel. S.M.A.M.A. v. D.A.N., Court of Appeals No. 07CA0933,
COURT OF APPEALS OF COLORADO, DIVISION A, October 18, 2007, Decided
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Overview: Juvenile court judgment, terminating the parent-child legal relationship between appellant mother and her child, was affirmed because the record supported the juvenile court's findings that mother did not reasonably comply with the treatment plan; among other things, the mother refused to participate in therapy to address her mental health issues.
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| People v. Jensen, Court of Appeals No. 06CA0742,
COURT OF APPEALS OF COLORADO, DIVISION THREE, October 18, 2007, Decided
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Overview: Defendant's conviction for theft of real property under Colo. Rev. Stat. § 18-4-401 was upheld because, inter alia, by recording the victim's quitclaim deed or facilitating its recording by defendant's wife, defendant exercised control over the victim's real property with the intent to deprive him of his interest in such property.
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| People v. Speer, Court of Appeals No. 05CA0206,
COURT OF APPEALS OF COLORADO, DIVISION TWO, October 18, 2007, Decided
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Overview: Defendant's convictions were reversed and remanded for a new trial because defendant was entitled to have his affirmative defense of duress, under Colo. Rev. Stat. § 18-1-708, considered by a jury because the evidence presented by defendant permitted an inference that a real threat existed and not merely a veiled threat of unspecified future harm.
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| Struble v. Am. Family Ins. Co., Court of Appeals No. 06CA0522,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 18, 2007, Decided
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Overview: A garnishee was not entitled to summary judgment in judgment creditors action pursuant to Colo. R. Civ. P. 103. Judgment debtor's belief that the garnishee had insured the debtor's roofing business and a certificate of insurance in the debtor's name created a genuine issue of material fact about whether the garnishee insured the debtor's business.
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