Colorado Litigation / Civil Justice System Updates and Orders regarding COVID-19

Summary prepared by Dino G. Moncecchi 

On May 5, 2020, the Colorado Supreme Court issued an order that until further notice the state courts are to continue to operate on an emergency basis and may only conduct in-person hearings for emergency matters.  The order further vacated all jury calls until at least July 6, 2020, absent a special waiver request by the Chief Judge of that district, for cases involving constitutional or statutory rights to a jury trials.

https://www.courts.state.co.us/userfiles/file/Court_Probation/01st_Judicial_District/Chief Justice Operations Order May 5.pdf

Colorado Department of Regulatory Agencies issued Bulletin 5.41 – On-site Property Damage Inspections, Replacement Vehicles and Additional Living Expense (ALE) Requirements due to COVID-19. https://drive.google.com/file/d/1kyExTvEHsvd4mNi0uUFkPiduz1kC8Wkr/view

• Insurers required to extend rental car coverage beyond the contractual amount of time – For claims related to extended rental car coverage the insurer should extend coverage if the repairs are delayed to reasons specifically related to the Covid-19 and/or public health orders. There is no recommended extension period but a recommendation for the parties to work together for an appropriate amount of time.
• Additional Living Expense or Loss of Rents coverage beyond the contractual time allowed in the policy – if repairs are delayed for reasons specifically relate to the Covid-19 and/or public health orders, it is strongly encouraged that the insurer provide reasonable amounts of time to complete the repairs.
• The Division of Insurance suggests the carrier work directly with their policyholder to establish a “reasonable increment of time” on a case-by-case basis.
• Surplus lines carriers are not exempted from the requirements of Section 10-3-1104, C.R.S.; therefore, the Division expects the surplus lines to follow the guidance provided in Bulletin 5.41