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   State Courts - Colorado - September 13, 2001

  
Borjas v. State Farm Mut. Auto. Ins. Co., Court of Appeals No. 00CA0964, COURT OF APPEALS OF COLORADO, DIVISION THREE, September 13, 2001, Decided
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Overview: Uninsured motorist insurance policy provided coverage for the protection of a motorist injured by the negligence of a driver who was immune from liability under the Colorado Governmental Immunity Act.

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D.C. Concrete Mgmt., Inc. v. Mid-Century Ins. Co., Court of Appeals No. 99CA1424, COURT OF APPEALS OF COLORADO, DIVISION FOUR, September 13, 2001, Decided
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Overview: Where corporation's agent's signature on insurance policy was ambiguous as to the identity of the insured, the policy was properly construed against the insurance company and in favor of coverage for the corporation.

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Giddings v. Indus. Claim Appeals Office, Court of Appeals No. 01CA0077, COURT OF APPEALS OF COLORADO, DIVISION ONE, September 13, 2001, Decided
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Overview: The ALJ was not bound by the gravamen test, and he could have imposed penalties not only for the failure to pay medical bills, but also for the resulting discontinuation of the claimant's psychiatric treatment.

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Hawes v. Colo. Div. of Ins., Court of Appeals No. 00CA1144, COURT OF APPEALS OF COLORADO, DIVISION FOUR, September 13, 2001, Decided
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Overview: The Colorado Commissioner of Insurance properly concluded that he lacked authority to make an award of attorney fees and costs in a request for conversion from a nonprofit corporation to a for-profit stock insurance company.

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In re Marriage of Burke, Court of Appeals No. 01CA0231, COURT OF APPEALS OF COLORADO, DIVISION THREE, September 13, 2001, Decided
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Overview: Stipulation to pay maintenance after dissolution of marriage did not divest the trial court of jurisdiction to hear the ex-husband's motion for modification of the amount of maintenance.

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In re Marriage of Heil, Court of Appeals No. 00CA0946, COURT OF APPEALS OF COLORADO, DIVISION TWO, September 13, 2001, Decided
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Overview: Jurisdiction existed to enter order setting guardian ad litem's fees for representing wife in dissolution proceedings prior to wife's death as authority to enter order did not depend on dissolution proceeding continuing or the marriage statutes.

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In the Interest of K.M.T., Court of Appeals No. 00CA2163, COURT OF APPEALS OF COLORADO, DIVISION ONE, September 13, 2001, Decided
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Overview: Trial court's order awarding child support to child's mother was reversed on appeal, where trial court applied the incorrect statutory provision in calculating the father's income for the purpose of child support.

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Lang v. Colo. Mental Health Inst., Court of Appeals No. 00CA1268, COURT OF APPEALS OF COLORADO, DIVISION ONE, September 13, 2001, Decided
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Overview: The Wage Claim Act did not apply to the Colorado Mental Health Institute as an agency of the state; thus the trial court did not err in dismissing the employee's wage claim brought under the Act.

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McKenzie v. Pope, Court of Appeals No. 00CA1610, COURT OF APPEALS OF COLORADO, DIVISION ONE, September 13, 2001, Decided
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Overview: A grant of permission to use disputed property would have been sufficient to interrupt the running of the statutory period of adverse possession. Additional findings were required on the issue of permission.

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Olson v. Hillside Cmty. Church, Court of Appeals No. 99CA2070, COURT OF APPEALS OF COLORADO, DIVISION TWO, September 13, 2001, Decided
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Overview: Property owners were entitled to a hearing on a church's special use permit. The record did not support a finding that the church acted in good faith; thus the doctrine of relative hardships should not have been applied.

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