Skip to main content
Colorado General AssemblyToggle Main Menu
Agency NameToggle Agency Menu
SB17-045

Construction Defect Claim Allocation Of Defense Costs

Concerning a requirement for equitable allocation of the costs of defending a construction defect claim.
Session:
2017 Regular Session

In a construction defect action in which more than one insurer has a duty to defend a party, the bill requires the court to apportion the costs of defense, including reasonable attorney fees, among all insurers with a duty to defend. An initial order apportioning costs must be made within 90 days after an insurer files its claim for contribution, and the court must make a final apportionment of costs after entry of a final judgment resolving all of the underlying claims against the insured. An insurer seeking contribution may also make a claim against an insured or additional insured who chose not to procure liability insurance for a period of time relevant to the underlying action. A claim for contribution may be assigned and does not affect any insurer's duty to defend.


(Note: This summary applies to this bill as introduced.)

Status

Introduced
Lost

Bill Text

Sponsors

Sponsor Type Legislators
Prime Sponsor

Sen. K. Grantham, Sen. A. Williams
Rep. C. Duran, Rep. C. Wist

Sponsor

Co-sponsor