HLF Cases

Multi-Million Dollar Personal Injury Victory. The Firm represented Ms. Selinsky, who suffered life-altering injuries as a result of the Defendants’ violations of Colorado’s Premises Liability Act, and violations of the ADA at the Movie Tavern in Aurora. Ms. Selinsky, fifty-four years old at the time of the Incident, was born with a medical condition known as osteogenesis imperfecta, a genetic bone disorder that causes bones to break more easily and can cause bone deformities. Ms. Selinsky’s osteogenesis imperfecta required Ms. Selinsky to use a manual wheelchair to ambulate for most of her life. On the night of the Incident, Ms. Selinsky encountered and personally experienced 1) improper sloping in the sidewalks and curb ramps at the entrance/exit of the Theatre; 2) an inaccessible curb ramp; 3) a lack of ADA compliant signage directing Ms. Selinsky to an accessible route back to her car; and 4) a dangerous lack of lighting on the exterior of the Movie Tavern and in the Property’s parking lot. As a result of these dangerous conditions and ADA violations, Ms. Selinsky’s wheelchair rolled off the curb as she was exiting the Theater, crushing her face and arms as her wheelchair landed on top of her. She suffered a broken shoulder blade, broke both wrists, and has significant permanent impairment, disfigurement, and injuries. After a one-week jury trial against two of the biggest defense firms in Denver, the jury awarded Ms. Selinsky a net judgment of $4,214,106.64, excluding post-judgment interest, attorneys’ fees, and costs. Notably, the judgment was over $1MM

more

The Firm represented a longstanding surety client, Liberty Mutual, in a multi-million-dollar contract surety default. Liberty issued several contract bonds on behalf of Talcott Construction, Inc., a large general contractor based in Great Falls, Montana. After Talcott changed ownership, they experienced cashflow issues, and Liberty received multiple millions of dollars’ worth of payment and performance bond claims. The Firm’s efforts spanned the bond default manual, including litigation with project owners and subcontractors, disputes with banks competing for contract funds, takeover agreements, completion agreements, collateral agreements, and federal indemnity litigation. The Firm’s cooperative approach with the indemnitors willing to play ball (others wound up in bankruptcy) led to millions in savings on the front end and a multi-year payment plan on the back, secured by real estate throughout Big Sky Country that finally made the surety completely whole. After paying millions in claims, the surety’s net loss was just as it should be: zero. A total success.

Contract Surety Indemnity Action. In this complex construction surety default and subsequent indemnity litigation, the Firm represented Zurich American Insurance Company in its efforts to recoup tens of millions of dollars in performance and payment losses across the Salt Lake Valley. The Firm instituted litigation in federal court and aggressively pursued Zurich’s indemnity rights and defended against the indemnitors’ spurious counterclaims for bad faith, breach of contract, and tortious interference with business relations. Following three years of hotly contested litigation, the Firm’s efforts resulted in Zurich prevailing on summary judgment for the indemnitors’ breach of their obligations under the general indemnity agreement and defeating the counterclaims. One set of indemnitors, including the bond principal, were found jointly and severally liable to Zurich in the amount of $19,014,568.20 and another set of indemnitors were found jointly and severally liable to Zurich in the amount of $7,119,450.50.

Construction Dispute and Surety Defense. The Firm represented general contractor SLSCO and its surety Hartford in a dispute arising out of the construction of the border wall. President Trump issued Executive Order 13767 which directed his administration to construct a wall between U.S. and Mexico. SLSCO was then awarded a contract from the U.S. Army Corp of Engineers to construct the border wall. Hartford and Travelers Casualty and Surety Company of America issued bonds on the Project exceeding $260 million dollars. When President Biden was sworn in on January 20, 2021, he reversed President Trump’s executive order and the U.S. Army Corp of Engineers issued a termination for convenience to SLSCO. Numerous subcontractors, including Green-Tanner, asserted claims against SLSCO and Hartford for damages arising out of the government’s termination. The Firm determined that the claims brought by Green-Tanner Industrial were time-barred as to Hartford under the Miller Act. As such, the Firm filed a motion for summary judgment on Green-Tanner’s bond claim. The Firm also asserted the defense that Green-Tanner’s claim against SLSCO was invalid under the contract’s “pay-if-paid” provision. After the motions were fully briefed and on the eve of the Court granting the MSJs, Green-Tanner abandoned its claim and agreed to dismiss all claims with prejudice. A complete victory for the Firm’s clients.

Personal Injury Defense. Total victory. The Firm represented Geneva Apartments, the owner of an apartment complex (“Complex”), sued for personal injuries after a car was stolen from the Complex. Several hours after the theft, the thieves – high on crack cocaine – crashed into the plaintiff, Mr. Rumschlag. Mr. Rumschlag sustained serious injuries in the accident and sought damages exceeding $3.6 million. Mr. Rumschlag argued that the Complex knew or should have known that the theft was likely, and that the owner of the Complex contributed to the injury by leaving his keys in the unattended car, causing it to be more likely to be stolen. The Hustead team filed a Motion for Summary Judgment arguing that Mr. Rumschlag’s injuries were caused by the thieves, not the Complex. A massive victory for the client and the firm that came mere weeks before trial was set to begin.

Wrongful Death Defense. Tragic death of a 5-year-old child who got trapped in a window at an apartment complex owned by the Firm’s client. The mother of the deceased boy sued Mr. Lena and alleged he was negligent in his operation of the premises and its condition. The Firm investigated the allegations and discovered the property was not in disrepair, but that the death was an unfortunate accident and that, if anything, the father of the child was responsible. The Firm filed a third-party suit against the father who had failed to supervise the child and who was responsible for the child using the window as a means of ingress and egress because the father lost the key to the apartment. Most importantly, the father never advised Mr. Lena that the key was lost. After defending the claims and deposing the father in jail, the firm settled the wrongful death claims for less than 10% of the initial demand. A tragic accident that was not the fault of the Firm’s client.

Heartbreaking personal injury case with homeowner's policy coverage issues. This case involved the tragic drowning of a toddler in St. George with whom the plaintiff-father and defendant-mother shared joint custody. The father sought over $4MM in wrongful death damages from the mother and her parents (the toddler's grandparents), upon whom the father placed the blame for the accident. The mother tendered the defense of the action to her

Insurance Company

Wrongful death. The Firm represented a shipping brokerage company in connection with an accident on I-70 that garnered national and international media attention and outrage. The Plaintiffs sought $2 million plus punitive damages for the deaths of their respective spouses. The Firm filed a motion for summary judgment arguing that our client/broker – whose insurer was the only pocket in which there was any money – was not vicariously liable for the shipping company or its employee driver who was allegedly responsible for the accident. The Firm was able to leverage the impending threat of that motion into a significantly reduced settlement that was much smaller than Plaintiffs’ demands.

Fire Case. The Firm represented a Colorado kitchen hood vent and duct cleaning company in a subrogation action regarding a fire at a popular Mexican restaurant and bar in Fort Collins, Colorado. The fire was alleged to have caused more than $3 million of damage to the insured/subrogor restaurant. Through filing a motion for summary judgment to limit liability resulting from the unanticipated conduct of a third-party subcontractor hired to modify the vent/duct system, the Firm gained significant leverage for its client. The case settled for a fraction of the claimed cost of repair, resulting in significant savings for the client.

Personal Injury Defense. The Firm defended a non-profit organization and its officers against defamation claims brought by the plaintiff, a bail bondsman, arising out of alleged misconduct by the plaintiff against his female clients. The Firm successfully dismissed the client's officers on summary judgment and through its detailed and unrelenting discovery tactics, caused the plaintiff to cave just before trial was set to occur. The Firm's efforts resulted in a settlement for a fraction of the plaintiff's original demand.

Bad Faith Defense. Total victory in a hotly contested coverage dispute wherein the Plaintiff sought uninsured motorist benefits under a policy to which they had no entitlement. During the pendency of the client's Motion to Dismiss, the plaintiff, recognizing that her claims were meritless, agreed to dismiss her claims against the insurance company.

Coverage Defense. The plaintiffs initiated suit against a telecommunications company and its owner for the alleged breach of an agreement regarding the use of a communication tower. The telecommunications company tendered the defense of the claim to the Firm's client,

Auto-Owners Insurance Company

In this unusual case, the Firm defended a Wyoming Homeowners’ Association against claims in a Department of Housing and Urban Development procedure seeking to impede the Homeowners' Associations’ right to protect wildlife on its property from unleashed dogs. Despite facing the full might of the United States Department of Justice, the Firm was able to both preserve the Homeowners’ Association’s right to protect the moose, elk, and other animals on its property, and to avoid any payment to the complainants.

Bad Faith Defense. In this case, the Firm represented an insurance company that sold a homeowners insurance policy to the insured-plaintiff. The insured's property was vandalized and destroyed by a disgruntled tenant and the insurance company paid hundreds of thousands of dollars to satisfy the insured's property damage claim. The insured, attempting to gain a windfall, sued the insurance company for breach of contract and bad faith. Recognizing the obvious flaws in her case, the insured settled with the firm's client for far less than the insured's original demand.

Premises liability litigation involving complex commercial liability policy coverage issues. Plaintiff was a massage therapist who was shot by a former NFL player during business hours. The owner of the property tendered the defense of the action to

Auto-Owners Insurance Company

Bad Faith Defense. The plaintiff brought suit against the Firm's client for the bad faith denial of insurance benefits arising out of property damage to a commercial building following a hailstorm. After a thorough investigation of the plaintiff's claim, the Firm conclusively determined that the plaintiff was not entitled to the overwhelming majority of its claim damages. The Firm was able to achieve settlement on the client's behalf for nuisance value.

Employment Discrimination Defense. The Firm represented a non-profit corporation (“Corporation”) which provides programs for offenders re-entering society, which operates 16 facilities in three different states. The Complainant had been employed as a Human Resources Specialist by the Corporation since 2007 and was generally tasked with training new employees of the Corporation. Complainant filed a Charge of Discrimination with the EEOC and alleged that he was discriminated against in violation of the Age Discrimination in Employment Act and the Americans with Disability Act. Complainant alleged that his duties were diminished and eliminated while younger employees in the same or similar role received more and better assignments. He also alleged that he was required to keep a journal of his tasks while other, younger, employees were not. Finally, Complainant alleged that he had been subject to retaliation. The firm filed an Answer to Complainant’s EEOC Charge of Discrimination and argued that none of Complainant’s allegations had any merit. The conduct that Complainant alleged constituted discrimination was a response to essentially universal changing business conditions, particularly caused by the COVID-19 pandemic. As Complainant’s duties related in part to newly-hired employees, the hiring of fewer such employees resulted in less work. Although he could have been laid off, Complainant was selected to assist at other locations where work needed to be completed. The Firm also argued that the Complainant’s disability claim was equally meritless. Complainant had only ever identified one health-related issue to the Corporation, for which he received an accommodation even though he attested that he did not need any accommodation. Complainant was never reprimanded for any health-related activity. In the end, the EEOC determined that it would not proceed with investigating Complainant’s allegations and dismissed his charge against the Corporation. The EEOC agreed with the Firm’s position (the truth), which started the clock for Complainant to file a lawsuit. Realizing the legal battalion defending the Corporation, the Complainant opted to forego and further litigation and did not file a lawsuit. Firepower at its finest.

Surety Defense. The Firm represented Fidelity and Deposit Company of Maryland (“F&D”) in response to a Miller Act Bond Claim on a federal project in Randolph, NE known as the Middle Logan Creek Flood Risk Management Project that was completed by F&D’s principal Shinn Kellogg. Meyer Contracting, Inc. (“Meyer”) served as a subcontractor for the project and asserted a claim on the Bond for a lack of payment after the project was completed. The Firm’s investigation into the claim revealed an odd relationship between Shinn Kellogg and Meyer. The two parties worked together to submit the bid for the Project. Meyer even co-signed the indemnity agreement that was provided to induce F&D to issue the Bond. Thus, the Firm determined that Meyer was an “insider” under binding caselaw, precluded from asserting a bond claim. The Firm demanded Meyer withdraw the claim and when Meyer refused, the Firm filed a Motion to Dismiss Meyer’s Miller Act Bond Claim. The Motion to Dismiss was set for oral argument with the federal court, but a few days before the hearing, Meyer filed a voluntary dismissal of its claims against F&D. Another complete success in the books.

Coverage. The Firm represented Auto-Owners Insurance Company regarding a coverage opinion. The underlying dispute arose out of a motor-vehicle accident between Eric Christensen and David Sanger. Mr. Sanger operated a vehicle in the course and scope of his employment with MineWater. MineWater was insured by Auto-Owners Insurance Company. USAA insured the vehicle that Sanger was operating at the time of the accident. A settlement of the underlying claims was effectuated with Christensen, but USAA and Auto-Owners disputed which policy was primarily responsible for indemnity. USAA asserted the settlement should be funded 50/50 between the two carriers. The Firm researched the issue and uncovered favorable caselaw based on the terms of the two policies. Based on the Firm’s research, we convinced USAA to fund the settlement as the primary policy, which exhausted the entirety of the USAA policy and saved Auto-Owners hundreds of thousands of dollars.

Property Damage. This claim involved alleged injury to a dog owned by Todd Nelson (“Claimant”). Claimant’s dog was allegedly injured while being boarded at a doggy daycare owned by the Firm’s clients, National Veterinary Associates, LP and PETSuites of America, LLC d/b/a Bergen Bark Inn. Claimant was demanding $95,000 for lost wages, pain and suffering (his own, not his dog’s) and for allegedly causing his dog’s heart condition. The Firm was able to demonstrate that the Claimant had completely fabricated all of the alleged evidence supporting his claimed lost wages, and that his dog’s heart condition was pre-existing and thus not caused by our clients. Despite numerous threats of litigation and media exposure, the Claimant had no choice but to abandon his claim, confirming that his bark was worse than his bite.

Construction Performance Bond Claim Defense. In this surety matter, the Firm represented ACIC in a six-figure construction contract default. ACIC issued contract bonds on behalf of RNR Construction Company, LLC, a family-owned general contractor, for the construction of a steel building at Devil’s Elbow Campground in Helena. The BLM terminated RNR Construction before the project was completed due to allegedly defective work. The BLM asserted a performance bond claim for over $100,000, the alleged price to complete the project. After an investigation, the Firm determined that many of the alleged defects did not need repairs. There was plenty of money still left on the contract price to complete the repairs that were needed, and the Firm denied the claim on behalf of ACIC. The BLM refused to pursue its claim thereafter.

Personal Injury. The Firm represented the owner/operator of a Victorian-style hotel, The Holiday Chalet. Toward the end of an unusually windy week in the downtown Denver area, one of the trees on the hotel’s property was blown over, falling on a passing vehicle and injuring the driver. The driver sued the hotel’s owner/operator for allegedly failing to maintain the tree. The driver, represented by one of the notorious TV-advertising firms, claimed nearly $1MM in medical bills, pain and suffering, and permanent disfigurement. The Firm’s relentless defense, including opposing Plaintiff’s attempt to add a claim for punitive damages, resulted in a settlement that was substantially less than what Plaintiff was seeking at trial.

In this anti-discrimination claim, the Firm defended a non-profit corporation which provides programs for offenders re-entering society against claims for age discrimination, disability discrimination, and retaliation brought before the federal Equal Employment Opportunity Commission (the “EEOC”). Through careful investigation of the client’s operations and the facts underlying the complaint, the Firm was able to prove to the EEOC that the claims were utterly meritless. The EEOC consequently declined to pursue the claims. A complete victory for the Firm’s client.

$62,750,000 Construction Performance Bond Claim Defense. After project owner Sugarmont terminated bond principal Ascent Construction and had its performance bond claim denied, Sugarmont commenced litigation in Utah District Court against Ascent and the surety seeking over $63MM in damages alleged to have been caused by Ascent’s delayed and defective construction efforts.The project was around 60% complete at termination. The Firm intervened on behalf of its surety client in the Utah litigation to protect the surety’s interests and to enforce an arbitration provision in the bonded contract. The intervention was successful and the construction contract dispute was compelled to arbitration, despite Sugarmont filing an appeal and later challenging the arbitrator’s jurisdiction.After a hotly contested 4-week arbitration Salt Lake City, which focused on competing contract termination claims, alleged project schedule delays, defective work, project access and easement disputes involving a neighboring landowner, excessive project completion costs incurred by a replacement general contractor, infighting between various owner/developer interests, and seemingly anything else the parties could fight about, the Arbitrator found that Sugarmont did not properly terminate Ascent, resulting in a net award to Sugarmont of just $3MM.Having offered more than $40,000,000 to settle, the surety had $37,000,000 reasons to be happy, not to mention dodging a potential $60,000,000 award.

Another jury trial, another win, bringing Patrick to 19-0 in cases tried to a verdict. The firm represented a local fire protection company, Mountain States Fire Protection, Inc. (“Mountain States”), who was sub-contracted by Computer Sites, Inc. (“Computer Sites”) to install a pre-action fire suppression system in the basement server room of the ten-story ANB Bank building located at 3033 E 1st Ave, Denver, CO 80206. A leak developed on the top floor of the building due to an improperly installed coupling. Great Northern Insurance Company (“Great Northern”) insured the building and made payments to repair the damages from the leak in the amount of $580,012.85. Great Northern sued the general contractor, Computer Sites, and Mountain States. The Firm was quick to figure out that the fire suppression company who previously improperly installed the coupling was responsible for the leak and denied that Mountain States acted negligently. The Firm stood strong on its evaluation of liability, despite the co-defendant Computer Sites settling out and running for the hills. The case proceeded to a four-day jury trial. After only 2 hours of deliberation, the jury returned a no-negligence verdict. A complete victory for the Firm and its client, which saved the insurer hundreds of thousands of dollars and allowed them to recoup over $70K in costs.

Jury trial – total victory. The Firm represented a tire shop relating to ATV accident.The Plaintiff, Mr. Craig, alleged that Parker Pines overinflated a tire on an ATV he borrowed from his friend, causing a life-threatening accident while he was elk hunting in the mountains.Mr. Craig fractured his pelvis, suffered a collapsed right lung, and claimed he developed carpal tunnel syndrome and aggravation of his pre-existing low back conditions (facet osteoarthropathy, spinal canal stenosis, foraminal stenosis, dextroscoliosis,

etc.

Another intense jury trial win.The Firm represented a homeowners’ association and a member of the homeowners association’s Board of Directors against claims by the previous owners of the Peaks Hotel, a mixed-use hotel in Mountain Village outside of Telluride, Colorado.Plaintiffs alleged that Defendants conspired to and did breach CCIOA – a statute which governs homeowners associations – and breached their fiduciary duties thereunder in sending a First Notice Letter to Plaintiffs claiming that Plaintiffs owed nearly $15,000,000 in past operating dues to the homeowners association.Plaintiffs sought over $31,000,000 in damages.After rejecting all reasonable settlement overtures, proving those damages proved to be a mountain too tall to climb for the Plaintiffs.After a two-week jury trial, Plaintiffs were only awarded $225,000 – less than

1%

Coverage Defense. Extremely sensitive allegations of sexual assault of a minor involving a coach and a United States Sports Association. The plaintiff alleged that when she was a minor athlete, an Olympic coach sexually assaulted her over a period of four years. The plaintiff further alleged that the Sports Association knew about the ongoing sexual assault, but failed to report it and did nothing to stop it. The Sports Association tendered defense of the action to its

Insurance Company

The Firm represented a commercial retail store that sold a cooking device to a husband and wife.Plaintiffs alleged that, more than seven years after they purchased the device, it exploded causing the wife to lose both of her legs below the knees.The Firm had the opportunity to defend the retail store after the case had already been in litigation for years in multiple state and federal jurisdictions.Plaintiffs contended that the retail store created a defect in the grill’s fuel source that they believed caused the explosion.Plaintiffs demanded millions of dollars, which was in excess of the available policy limits.The Firm, however, devised a scientific test to rebut Plaintiffs’ position, which ultimately forced Plaintiffs to settle for a small percentage of the demand.

This matter involved claims against our utility company client and its driver relating to alleged bodily injuries arising out of a car accident. The Claimant sought economic and non-economic damages for her alleged injuries. After extensively reviewing the Plaintiff’s medical records, the Firm spotted several holes in the Plaintiff’s story and successfully negotiated a settlement for an amount significantly less than her original demand and without the need for litigation.

Age Discrimination Defense. The Firm was retained to represent the largest animal rights organization in the world, PETA, against a job applicant’s claims for age discrimination. The claimant alleged that PETA discriminated against her with respect to an employment opportunity and filed a complaint with the Montana Human Rights Bureau. The Firm performed a background search on the Claimant and discovered that the Claimant was an avid hunter and carnivore, characteristics expressly prohibited by PETA’s policies, and had a history of filing multiple complaints against organizations with the Human Rights Bureau. The Firm presented this information to the Human Rights Bureau and was swiftly able to dismiss the Claimant’s claim against PETA.

Property Damage. The Firm represented a plumbing company being sued by a restaurant owner in connection with a flood at a restaurant which allegedly was caused by the plumbing company’s work at an adjacent commercial unit several years prior. Plaintiff sought over $4,000,000 in damages. Through skilled sleuthing, the Firm was able raise significant doubts as to the plumbing company’s responsibility for the flood and the restaurant’s inflated damages. The Firm was successful in resolving the claims against the plumbing company for a fraction of the claimed damages.

Jury trial win in a hotly contested bad faith case. In this third-party insurance bad faith case, the Firm maintained its near-perfect record in jury trials, obtaining a complete defense verdict on behalf of the carrier.

The claim originated as a construction defect case, with the carrier defending the insured under a standard reservation of rights. On the eve of trial in the underlying defect case, the insured settled with the plaintiff pursuant to an agreement ostensibly allowed by the infamous

Nunn v. Mid-Century Ins. Co.

Finally, after a grueling 2-week jury trial in one of the most complicated cases the Firm has ever handled, the jury deliberated for nearly 5 hours before returning a verdict in favor of the insurance company. The jury determined that the insured’s decision to agree to the laydown trial was a breach of the cooperation clause and, as a result, the carrier was relieved from any further duty to defend or indemnify. Despite exposure approaching $10MM, another resounding trial success for the Firm.

Personal Injury Defense. The Firm represented a landscaping company and its employee in a motor vehicle accident case.

Mr. Click claimed he broke his neck in the collision with the landscaping company’s employee. Mr. Click claimed the driver was looking at his cell phone as he approached the intersection and did not see that the traffic light changed from green to red. The landscaping company and its employee admitted the employee caused the collision and that the landscaping company was vicariously liable for any alleged negligence. Shortly after filing a responsive pleading, the Firm filed a statutory offer of settlement for $125,000 on behalf of the landscaping company and its employee. Mr. Click, however, was nowhere near satisfied with that settlement offer and proceeded to seek punitive damages.

The Firm not only successfully thwarted Mr. Click’s meritless attempt to add a punitive damages claim, but also succeeded on a Motion for Summary Judgment that extinguished several of Mr. Click’s causes of action. The case proceeded to a jury trial where Mr. Click asked the jury for $5,277,123 in total damages. Lo and behold, the jury comprised of Mr. Click’s peers returned a verdict for the exact same amount as the Firm’s initial settlement offer, $125,000, and the Court found the Firm’s client to be the prevailing party, awarding all costs.

Contract Surety Indemnity Action. In this complex construction surety default, the Firm represented

Great American Insurance Company

The Firm also successfully defended a settlement agreement reached with the Trustees for the bankruptcy estates at the United States Bankruptcy Appellate Panel for the Tenth Circuit. After years of litigation and the indemnitor’s efforts to dispute the surety’s claims and conceal assets, the Firm’s efforts lead to the surety being made whole, including recovering its substantial attorney’s fees and costs. A total win.

Personal Injury Defense. In this commercial trucking accident, the Firm represented Jacobs Enterprises, an Indiana-based owner of a fleet of freightliners, who had a driver involved in a collision on I-80. The Firm prevailed on summary judgment on the plaintiff’s “direct negligence” claims, securing the dismissal of claims based on negligent hiring, negligent entrustment, and punitive damages.

After demanding hundreds of thousands in damages, the plaintiff caved as trial approached, settling for pennies on the dollar. The Firm figured out the case before the plaintiff’s attorneys, the key to any dispute, and held firm in its discovery strategy and settlement posture. The Firm’s efforts saved the insurer scores of thousands of dollars.

Contract Surety Dispute. In this surety case, the Firm handled a major construction surety default involving a public works project in Weld County.

The Firm negotiated a complicated settlement to facilitate the completion of the project, saving the surety hundreds of thousands of dollars. The Firm litigated the indemnity case in federal court, securing the agreement by liens on real estate that was ultimately sold, resulting in the surety being made completely whole. Another win for the Firm’s surety clients.

The Firm represented a commercial freight company being sued by the driver of a vehicle who alleged permanent impairment after being rear-ended in a high-speed collision on I-70 that totaled the Plaintiffs’ SUV. The case appeared to be an uphill battle after the insured driver admitted fault for the collision.

Through targeted discovery, however, the Firm discovered that one Plaintiff claiming that his spinal fusion surgery resulted from the traffic collision had skied moguls on black-level ski slopes between the time of the collision and his surgery. The Plaintiffs settled before trial for 20% of their demand.

Defense of Preference/Fraudulent Transfer Action. A family business retained the Firm to defend against a $160,000 claw-back action filed by the assignee of an insolvent grocery store chain. Though detailed analysis and assertion of new value and ordinary course of business defenses, the Firm secured dismissal of the lawsuit for $20,000 and saved the family business.

Contract Surety Dispute. This matter involved claims against our surety client relating to alleged defaults by a bonded siding contractor at a large apartment project. The Firm successfully negotiated with the general contractor/obligee and principal/indemnitors to compensate the general contractor for project completion costs and secure a repayment plan to reimburse the surety for all losses under the bonds. Another great result!

Construction Defect Defense. The Firm represented a commercial roofing company in a subrogation action regarding defective roofing work and subsequent water damage at a large apartment complex in Thornton, Colorado.

Through filing a motion for summary judgment on the Subrogee Plaintiff’s consequential damage claims, the Firm gained significant leverage for its client. The case settled for a fraction of the claimed cost of repair.

Personal Injury Defense. The Firm represented a local business that offers guided Segway tours of downtown Denver. Ms. Jenkins was allegedly injured after falling off her Segway on a guided tour. Plaintiffs sought $925,000 in damages.

The Firm was able to have Mr. Jenkins’ loss of consortium claim dismissed on summary judgment because Mr. Jenkins signed a waiver of claims and liability before embarking on the tour. The Firm then demonstrated to Plaintiffs that their claims would almost certainly be defeated at trial. As such, Plaintiffs accepted a settlement offer of $30,000 – approximately 3% of their demand.

Constitutional Violation Defense. The Firm represented Summit in a case filed by an inmate awaiting sentencing at the Minnehaha County Jail in Sioux Falls, South Dakota.

The inmate asserted violations of the Free Exercise Clause and Religious Land Use and Institutionalized Persons Act for Summit’s alleged failure to provide the inmate with a Kosher diet pursuant to his religion. The inmate sought over $500,000 in damages. The Firm filed a detailed Motion for Summary Judgment and was able to dismiss all claims against Summit.

Wrongful death. The Firm represented a small, family-owned business that was sued for the alleged wrongful death of the plaintiff’s homeless parent. Plaintiff sought over $400,000 in damages. The Firm successfully settled the case for significantly less than the Plaintiff’s original demand.

Massive premises liability litigation involving complex liability policy coverage issues. Plaintiff was an elderly person who sustained serious, life-threatening injuries while residing in an apartment complex. The Mechanical Company tendered the defense of the action to its

Insurance Company

The Plaintiff sought over $5,000,000 in damages. The case was resolved after the Plaintiff realized the significant coverage issues associated with the claim and settled for a figure within policy limits and significantly less than its original demand.

Coverage Defense. The Firm defended an insurance company in a lawsuit filed by another insurance company regarding an alleged failure to defend the insurance company’s insured (a well-known home developer) and indemnify the insurance company in three underlying construction defect cases.

The Firm’s client insured a concrete company that performed concrete flatwork on the residential development. The insurance company that sued the firm’s client sought more than $800,000 in damages. The Firm, however, negotiated a settlement for $35,000, which occurred prior to involving any experts on the matter.

Personal Injury Defense. The Firm represented a deli in a personal injury action where a potato chip delivery driver alleged that he fell off of a loading dock, tore his rotator cuff in his right shoulder, and broke several bones in his left ankle.

The Firm anticipated Mr. Fischer’s claimed damages to be in the realm of approximately $700,000 based on available information. Just before mediation, the Firm filed a Motion for Summary Judgment, which exposed Mr. Fischer’s flawed legal arguments against the deli. At mediation, the Firm achieved a settlement for $15,000 on the deli’s behalf.

First-Party Hail Claim. The Firm represented the interests of a London-based insurer in this hail claim involving a 17,000 square foot mansion in Colorado Springs near the Broadmoor.

The insured contended that the property sustained multiple millions of dollars in damages to the main residence, the mother-in-law quarters, and the related premises in the devasting August 8, 2018 hail storm. The Firm aggressively defended allegations of unreasonable delay, retaining engineers and construction professionals to assist with the carrier’s handling of the claim.

The Firm’s proactive but aggressive efforts staved off what could have been years of protracted bad faith litigation, saving the insurer hundreds of thousands of dollars and ensuring that the insured got what it bargained for in the policy, but not a penny more.

Contract Surety Dispute. The Firm represented

The Insurance Company of Pennsylvania, AIG, and Zurich

As the Project neared completion, the Corps terminated the principal and made a demand on the sureties’ Miller Act performance bond to complete the job. After an extensive investigation, the sureties denied the claim and rejected the Corps’ $20MM in alleged completion costs. The principal appealed the termination and brought its own claims against the Corps at the Federal Court of Claims.

Working lockstep with the principal and their team of D.C. attorneys, the Firm successfully negotiated a settlement with the obligee, resulting in the termination for default being converted to a termination for convenience. The Corps withdrew their claim, saving the sureties $20MM+ in exposure. The principal reimbursed the surety for its losses, resulting in a complete W for the Firm’s surety clients.

Bad Faith Defense. In this complex coverage and bad faith case, the Firm represented an insurance company that provided commercial property insurance policies. The Insured’s property suffered damages in two unrelated incidents and the Insured made claims to the Firm’s client.

The Insured’s claims were denied, and the Firm’s client was sued for breach of contract, bad faith, and punitive damages. Shortly after the Firm filed a Motion for Summary Judgment on the client’s behalf, the Insured recognized the obvious flaws in its case, and settled with the Firm’s client for far less than the Insured’s claim.

Bad Faith Defense. In this bad faith case, the Firm represented an insurance company that sold short-term medical insurance policies. The Utah-based insureds purchased a policy from the Firm’s client after experiencing a host of medical issues and symptoms.

The insureds’ claims were denied and the Firm’s client was sued for breach of contract and negligence. The case never made it to trial because the Insureds ultimately agreed to a settlement far below their original demand and dismissed all claims against the Firm’s client.

The Firm represented a Segway tour company sued following an accident on a Segway tour. After conducting effective discovery, the Firm filed a motion for summary judgment. The summary judgment motion was so devastating that, rather than responding, the plaintiff chose to

dismiss the case with prejudice

Contract Surety Dispute. The Firm represented a construction surety in this indemnity dispute that lasted over 15 years, the longest running case in the history of the Firm. What started as a standard construction default resulted in years of needless litigation and efforts by the principal and indemnitors to avoid their indemnity obligations to the surety.

The Firm’s dogged efforts including securing and reviving multiple judgments, recording judgment liens, foreclosures, and ultimately the negotiation of a mid-six figure settlement involving the sale of multiple commercial properties that lead to the surety recouping a major portion of its losses.

When most firms or sureties would have called it quits and written off the loss, the Firm’s stick-to-itiveness paid off, and the surety recovered far more than it ever dreamed when it incurred the loss in 2004.

The Firm represented an electrical testing company that tested certain equipment at a university “supercomputer” facility. Subsequently, an electrical event damaged the university’s equipment.

The university’s insurer brought a subrogation claim against the Firm’s client, claiming over $400,000 in damages. Through developing a detailed understanding of the technical elements of the case and effective cross-examination of the plaintiff’s expert, the Firm was able to settle the case for a small fraction of the plaintiff’s claim.

Slip and fall. The Firm represented a local, family-owned business that was sued under Colorado’s Premises Liability Act for a slip and fall that occurred on the steps of a cabin that the Plaintiff was renting from the Defendants.

Plaintiff sought $1MM for his alleged injuries arising out of the slip and fall, despite the clear evidence that his alleged fall was fabricated. The Firm settled the case for 2% of the Plaintiff’s original demand.

Coverage Defense. The Firm, on behalf of an insurance company, brought a declaratory judgment action against an Insured on the question of whether the Firm’s client had a duty to defend and indemnify the Insured in an underlying personal injury action. The plaintiff’s injuries in the underlying action arose from the intentional and egregious acts committed by the Insured while in a foreign country.

After realizing that the Firm’s client was going to win on summary judgment in the declaratory judgment case, the Insured funded almost the entire settlement in the underlying action and essentially agreed that the Firm’s client had no duty to defend or indemnify him in the underlying action.

In this wrongful death case, the Firm’s client was sued following an accident involving the client’s truck and the plaintiffs’ decedent’s vehicle. Plaintiffs, the decedent’s parents, claimed nearly $1,000,000 in damages.

After a thorough investigation and effective use of experts, the Firm was able to demonstrate that the decedent’s contributory negligence was overwhelming, and plaintiffs were forced to settle for a fraction of the amount available under Colorado’s “solatium” statute.

Constitutional Violation Defense. The Firm represented CBM in a case filed by a Wiccan inmate incarcerated at the South Dakota State Penitentiary in Sioux Falls, South Dakota.

The inmate asserted violations of the Religious Land Use and Institutionalized Persons Act, Free Exercise Clause, and Equal Protection Clause based on CBM’s alleged failure to provide Plaintiff with a sufficient diet in accordance with Plaintiff’s religious beliefs. Plaintiff sought over $500,000 in damages.

The Firm conducted a thorough and detailed investigation into the matter and fully briefed a Motion for Summary Judgment. The Court agreed with the Firm’s position and dismissed all claims against CBM.

Wrongful Death by Vehicle. The Firm represented a local small business and business owner that were accused of causing the death of a homeless person. After only a few months of thorough, aggressive discovery efforts, the Firm was quickly able to negotiate a favorable settlement on behalf of the Firm’s client.

Personal Injury Defense. The Firm represented a dispensary in a personal injury action where a customer slipped and fell on water that had fallen off a water feature.

Plaintiff claimed that his damages exceeded $3 million because of the surgeries he underwent and lost wages. After conducting extensive discovery and performing in-house investigation, the Firm planted a seed of doubt in Plaintiff’s mind regarding the value of his alleged injuries. Ultimately, the firm settled the case for the dispensary for a fraction of the amount claimed.

The Firm represented a dog rescue company in a case where the Plaintiff suffered serious bite wounds to her arm while working an adoption event. The Plaintiff demanded nearly $700,000 from the dog rescue and the location where the adoption event was held.

The Firm, however, presented analysis to the Plaintiff indicating that the Plaintiff’s claims were precluded under the dog-bite statute because she was a “humane agency staff person.” As such, Plaintiff’s counsel accepted a settlement offer of $20,000.

Criminal Defense. The Firm represented a sorority that had been charged with two counts of allegedly violating a quarantine order issued by the Department of Public Health and Environment as a result of the COVID-19 pandemic.

The charges presented the possibility of a hefty fine and significant jail time. Nevertheless, the Firm was able to negotiate a plea deal where the sorority paid about $500 and agreed to a one-year probationary period.

Pre-Litigation (the names of the parties and case number have been intentionally omitted to maintain confidentiality required under a settlement agreement.)

Personal Injury Prosecution. Although the Firm does mostly defense work, it does take the odd plaintiff’s case. The Firm represented an individual who slipped and fell in a restaurant.

The client was finishing his dinner in the restaurant when an employee began mopping the floors prior to the establishment closing. The client slipped and fell on the mop water causing to partially tear his meniscus. Even though Plaintiff was only billed about $2,000 in medical bills, prior to filing suit, the Firm finalized a settlement in the amount of $52,500.

Personal Injury Defense. The Firm represented a homeowner in a dog-bite case. Plaintiff claimed to have been walking her dog by the homeowner’s residence, when she claims that she and her service animal were viciously attacked by two dogs. One of the dogs belonged to a neighbor while the other dog belonged to individuals living in the homeowner’s residence.

The firm aggressively defended the case and convinced opposing counsel that the homeowner would not be held liable under Colorado’s dog-bite statute or the Premises Liability Act. Despite the Plaintiff claiming hundreds of thousands of dollars in damages, the Firm settled the case for $8,000.

Constitutional Violation defense. The Firm was retained to represent a national food servicing company against an inmate’s claims for violations of the Constitution.

The Plaintiff alleged that the Firm’s client failed to provide the Plaintiff with a sufficient medical diet. After approximately one month of litigation, the Firm was swiftly able to resolve the Plaintiff’s claim for less than 1% of the Plaintiff’s demand.

Premises Liability Defense. In this personal injury matter, the Firm represented a local, small Canon City business that was sued for alleged injuries arising out of a bumper ball game owned by Defendant.

The Firm, through aggressive discovery efforts, use of highly-qualified medical experts, and a successful sanctions award against Plaintiff’s counsel, was able to negotiate an extremely favorable settlement on behalf of the Defendant.

Traffic accident with hip replacement. In this personal injury matter, the Firm represented father and daughter duo. Following a low-speed traffic collision, Plaintiff underwent four separate hip surgeries, which included a left hip replacement and recommended future right hip replacement.

Recognizing that Plaintiff was using her pre-existing injuries as a means to reap a windfall, the Firm rejected Plaintiff’s excessive $1.25MM settlement demand and successfully settled the case for a fraction of Plaintiff’s million-dollar demands.

Pre-Litigation (the names of the parties and case number have been intentionally omitted to maintain confidentiality required under a settlement agreement.)

Personal Injury Prosecution. Although the Firm does mostly defense work, it does take the odd plaintiff’s case. The Firm represented an individual who slipped and fell in a restaurant.

The client was finishing his dinner in the restaurant when an employee began mopping the floors prior to the establishment closing. The client slipped and fell on the mop water causing to partially tear his meniscus. Even though Plaintiff was only billed about $2,000 in medical bills, prior to filing suit, the Firm finalized a settlement in the amount of $52,500.

In this matter involving a performance bond claim on a drainage and sewer line installation project at the University of Utah, the Firm assisted the surety in investigating and negotiating claim resolution.

The Firm was able to successfully negotiate with the University owner/obligee and principal/indemnitors to compensate the University for project completion costs and secure 100% reimbursement for the surety’s losses.

The Firm’s efforts avoided litigation with all interested parties and secured a zero-loss proposition for the surety, which proposition underpins the tripartite surety relationship.

Bad faith litigation. Claim for bad faith denial of insurance benefits arising out of alleged vandalism and theft at a vacation home.

Through thorough questioning during examinations under oath, the Firm was able to prove that most of the insured’s claimed damages pre-dated the events of loss at issue or were not covered under the policy.

Armed with that knowledge, the Firm was able to resolve the matter and dismiss the case for far less than the insured’s claim.

Personal Injury Defense.

The Firm aggressively defended the case and discovered evidence that the Plaintiff was comparatively negligent while drunk at his bachelor’s party. As a result of the Firm’s efforts, settlement was secured for just 7% of the Plaintiff’s demand. A true homerun!

Contract Surety Dispute. Indemnity suit and Motion for Temporary Restraining Order. The Firm represented Arch in this swiftly-resolved surety indemnity matter. The principal – based in Colorado – was embroiled in complex out-of-state litigation.

The surety had made collateral demands that were being ignored and became concerned when the surety learned of a potential sale of real estate that could impact the surety’s ability to be reimbursed.

Over the course of a weekend, the Firm got the file, got up to speed, and instituted litigation and claims for injunctive relief to stop the sale.

The Firm’s efforts worked. The principal woke up, changed the terms of the sale, and settled the complex litigation, ensuring the surety got a full release.

The surety was completely reimbursed and exonerated from any liability under its bonds. Like the last solar eclipse in Rocky Mountains, totality was achieved. 

Bad Faith Defense. In this complex coverage and bad faith case the Firm represented an insurance company that sold short-term medical insurance policies.

The Insured suffered injuries while snowboarding and made claims to the Firm’s client. The insured’s claims were denied and the Firm’s client was sued for breach of contract and bad faith, as well as punitive damages.

The firm was able to uncover evidence that the Insured was a chronic user of marijuana, and likely under the influence when he suffered his injury – a fact which triggered an exclusion under the policy.

Confronted with this evidence, the insured agreed to settle for far less than his initial demand.

Personal Injury Defense. In this insurance defense case, the Firm represented two homeowners who were sued under Colorado’s Premises Liability Act.

Plaintiff claimed that he fell through a wooden deck connected to the back of the home and severely injured his knee, seeking a six figure settlement. Early in this case, the Firm filed a motion for attorneys’ fees and costs based on Plaintiff’s failure to participate in a court mandated conference, which the Firm won.

Better yet, shortly after receiving the check for attorneys’ fees and costs, the Firm won on a motion to dismiss relating to Plaintiff’s insufficient discovery responses. A total win.

Bad Faith Defense

.

The insured’s claims were denied and the Firm’s client was sued for breach of contract and bad faith. The firm was able to uncover evidence demonstrating that the insured’s symptoms predated the policy period. Confronted with this evidence, the insured agreed to settle for a small fraction of his initial multi-million dollar demand

Arson Defense. The Firm represented a commercial framing company in a $2MM subrogation action regarding an act of arson committed on a construction site for a hotel in Aurora, Colorado. Before needing to file a responsive pleading, the Firm demonstrated that the case was legally invalid based under a contract between the parties, and ABC Insurance Company was forced to voluntarily dismiss its case. Another total win.

Personal Injury. Showing the diverse nature of the Firm’s practice, the Firm represented Ms. Gortz to recover for personal injuries she sustained at the hands of a drunk driver. Ms. Gortz suffered significant and permanent injuries in the accident.

Taking a compassionate but aggressive approach, the Firm was able to persuade the at-fault driver’s insurance carrier to tender policy limits without the need for litigation.

Ms. Gortz perhaps said it best: “

I couldn’t have done it without you. Thank you for taking on my case and sticking with it. I was very concerned that I would end of paying some bills at the end of this that I was concentrating on saving as much as I could throughout the whole recovery time. Now with this windfall you secured for me my inclination is to not spend a dime.

I think I’ll get out my maps and we’ll plan a little trip. Tom can do some fishing and I’ll make some pictures. We can watch the dawning of our future days in some other beautiful locales. I am feeling like the luckiest woman in the world right now. Thank you and your whole team for all you’ve done for me.

Contract Surety Dispute. This case played out across the Rocky Mountain West. The Firm represented GAIC in a multi-million dollar surety default spanning several states within the Firm’s regional practice.

The Firm assisted the surety in investigation and negotiating nearly every surety default agreement imaginable – takeover agreements, tender agreements, and completion agreements. The Firm was able to successfully negotiate with owners, obligees, and payment bond claimants to eliminate exposure and maximize recoveries. The Firm’s efforts avoided litigation with all interested parties, and the Firm negotiated a complicated indemnity settlement agreement to ensure the Surety was significantly reimbursed.

In a first for the Firm, the indemnity settlement involved the exchange of gold bars and coins. Connor Cantrell solemnly showed up in a Brinks Truck with an armed guard to personally take possession of the surety’s gold.

Construction Contract Litigation. In this construction defect action, the Firm received claims against its client, a fire suppression system subcontractor, for alleged breach of contract and negligent construction of a fire suppression system at a large commercial trucking parts/equipment store.

The pending claims were not quantified before the Firm successfully dismissed the case against its client, but claimed damages were estimated to exceed $1,100,000. After performing a detailed review of contracts, scopes of work, and fire suppression system design documents, the Firm found irrefutable evidence that the alleged defects at the construction project did not result from its client’s scope of work.

After being confronted with the evidence, Plaintiff dismissed all claims against the Firm’s client. Total victory.

Flood Defense. The Firm represented a general contractor on a renovation project at a high school.

During the construction flooding occurred due to the failure of a “backflow preventer” – a device attached to the school’s water lines intended to prevent contamination of the city-wide water system. The flooding caused nearly a million dollars’ worth of damage.

The School District’s insurer brought a subrogation claim against the Firm’s client. Following extensive discovery and numerous depositions, the Firm was able to demonstrate that its client was not responsible for the loss. Consequently, the Firm’s client was able to settle the matter for less than 5% of the claimed damages.

Personal Injury Defense. In this insurance defense case, the Firm defended the owner of an apartment complex in Fargo, North Dakota from claims by a tenant for premises liability and negligence.

Plaintiff sought over $250,000 in medical expenses and non-economic damages. After aggressive discovery efforts and locating and obtaining testimony of key independent witnesses, the Firm was able to negotiate a reasonable settlement on the client’s behalf for a fraction of the initial demand.

Personal Injury Defense. Plaintiff was an elevator mechanic who sustained injuries when a ladder detached causing Plaintiff to fall down an elevator shaft. Plaintiff sought more than $2,000,000 in damages against the Project Owner, General Contractor, and Welding Subcontractor that installed the elevator shaft ladder.

The Firm uncovered the fact that Plaintiff had a history of stealing from and deceiving his employers. Following depositions and mediation, the Plaintiff saw the light. The Firm settled the case for less than 10% of Plaintiff’s initial demand in exchange for a dismissal with prejudice of all claims.

Prison Rights Case. The Firm represented a prison food provider in a case filed by an inmate who was formerly incarcerated at the Mike Durfee State Prison in Springfield, South Dakota.

The inmate alleged violations of the Religious Land Use and Institutionalized Persons Act regarding the food service’s (and other parties) alleged failure to provide the inmate with a kosher diet.

The inmate claimed that this alleged failure burdened his practice of the Jewish faith. The inmate sought over $1,000,000 in damages. The Firm aggressively negotiated a favorable settlement of $1,000 in exchange for releases.

Personal Injury Defense. Plaintiffs were guests at a hotel and were attacked by a vicious dog on the hotel’s property. Plaintiffs sustained substantial injuries in the attack and filed suit against the hotel, seeking over $250,000.00 in damages.

Understanding that great detective work is just as important as knowing the law, the Firm traced down two former employees that provided critical testimony in favor of the hotel. The Plaintiffs’ case tanked. The Firm settled the case for a total of $5,500.00 in exchange for a dismissal with prejudice of all claims.

Amputation case. Personal Injury Defense - Amputation. The Firm represented the owner of a car dealership who was sued under Colorado’s Premises Liability Act for a finger injury that occurred while the plaintiff was purchasing a car.

Plaintiff sought $1,000,000 in medical expenses, lost wages and non-economic damages. The Firm’s efforts resulted in a settlement for less than 10% of the plaintiff’s demand.

Construction Contract Litigation. Massive and complicated construction defect litigation involving liability policy coverage issues and surety bond indemnity issues. Plaintiff was a multi-county water district that sued the Firm’s client, a small town water pipeline installer, for alleged construction defects.

This case was resolved following a significant contribution by a co-defendant construction surety that also agreed to waive potential indemnity claims against the Firm’s client. After seemingly endless litigation, the Firm’s client settled for less than 5% of the Plaintiff’s original demand. Another successful outcome.

Contract Surety Dispute. The Firm represented Westchester, a surety that issued performance bonds related to the remodel of the University of Wyoming Arena-Auditorium basketball facility. The obligee declared the principal/subcontractor in default for delays and defective work.

The Firm provided advice to the surety related to its investigation and ultimate negotiation of a termination for convenience of the principal, saving the surety hundreds of thousands of dollars in potential exposure. The Firm then instituted litigation against the principal and its indemnitors, ultimately prevailing on summary judgment on both the Surety’s indemnity claims and the principal’s claims for “surety bad faith.”

The U.S. District Court for the District of Wyoming followed the national trend in rejecting the notion that a surety owes the tort duty of good faith and fair dealing to a bond principal and, instead, the Court enforced the plain language of the surety’s indemnity agreement.

The Firm also utilized its litigation and insurance experience in persuading the Commercial General Liability insurance carrier to fund a portion of an ultimate settlement with the principal. The Firm’s efforts saved the surety hundreds of thousands and resulted in a significant recovery when the principal itself had minimal financial resources.

Negligence and Products Liability Case involving allegations of severe injuries on an oil rig against the Firm’s client, a manufacturer of oil field equipment. Plaintiff alleged that the Firm’s client defectively designed a tank battery stairway from which he allegedly fell.

After extensive discovery and more than a dozen depositions, the case culminated in a brutal two-week jury trial in Cheyenne against three law firms from three states. The Plaintiff blackboarded six million in damages. But after just two hours of deliberations, the jury returned with a full defense verdict. A complete win for the Firm’s client.

Performance Bond Surety Litigation. The Firm represented Hanover in this performance bond dispute involving the infamous anerobic biogas facility near LaSalle, Colorado. The general contractor alleged that Hanover’s principal, USA Tank, breached its subcontract and made a performance bond claim in excess of $4MM.

After months of discovery, the Firm developed and filed a motion for summary judgment arguing that the general contractor failed to follow conditions precedent in the bond, which exonerated the surety. The court agreed and dismissed all claims against the surety.

Traffic accident with spinal surgery. In this insurance defense case, the Firm represented a local auto-parts retailer and its employee/driver. Following a low-speed traffic collision, Plaintiff underwent lumbar fusion surgery, and his surgeon recommended another lumbar fusion and a cervical fusion.

Recognizing that Plaintiff was a classic malingerer tied up in the litigation injury finance game, the Firm rejected Plaintiff’s excessive $450,000++ settlement demands.

After a five-day jury trial, the jury agreed and awarded Plaintiff just his medical expenses and $25,001 in non-economic damages, for a total verdict of $151,501.93. Another win by any metric.

In this complex coverage and bad faith case the Firm represented HCC Life Insurance Co., an Indiana-based company that sold short-term medical insurance policies. A Colorado insured purchased a policy from HCC after experiencing symptoms of what turned out to be cancer.

The insured’s claims were denied and HCC was sued for breach of contract and bad faith. The Firm filed a motion for summary judgment based upon certain exclusions in the policy and, after extensive briefing on contract and evidentiary issues, HCC totally prevailed.

The insured appealed, and the Firm won again, establishing valuable precedent enforcing policy exclusion.

In this insurance defense case, the Firm represented two homeowners sued under Colorado’s Premises Liability Act for a slip and fall that occurred on the sidewalk adjacent to the Defendant’s household.

Plaintiff sought over $100,000.00 in medical expenses and an untold amount for non-economic damages. Shortly after the case was filed, the Firm demonstrated that the case was legally invalid, and the Plaintiff was forced to voluntarily dismiss its case. A total success!

The Firm represented CBM in a case filed by an inmate at the Mike Durfee State Prison in Springfield, South Dakota. The inmate alleged violations of the Americans with Disabilities Act based on CBM allegedly failing to provide Plaintiff with a sufficient diet for Plaintiff’s diabetes and other disorders.

Plaintiff sought over $400,000 in damages. The Firm conducted a prompt and detailed investigation into the matter and fully briefed a Motion to Dismiss for Failure to State a Claim.

The Firm also successfully filed a motion for protective order preventing the inmate from bombarding CBM with discovery while the Court analyzed the arguments. The Court agreed with the Firm’s position and dismiss the claims against CBM outright.

Claim for violation of Eighth Amendment rights for cruel and unusual punishment regarding an inmate’s alleged inadequate diet.

After a careful review of the Complaint and the appropriate constitutional law, the Firm was able to prove that the inmate had not alleged sufficient facts to prove that his rights had been violated and that he was merely unsatisfied with his prison meals.

Accordingly, the Firm filed a successful Motion for Judgment on the Pleadings and the case was dismissed.

Complex bad faith indemnity case settled during Arbitration. In this insurance defense case, the Firm represented Platinum, an Iowa-based company that marketed and sold supplemental insurance policies throughout the Midwest. A Colorado insured purchased a policy and filed suit against Platinum and the insurance company when the insurer denied a valid claim.

The Firm, sensing significant liability when the insured disclosed a terminal cancer diagnosis during litigation, negotiated an early settlement for less than the cost it would have taken to defend the case. The Firm’s prescience was fortunate, as the insured took the case to trial and obtained a bad faith verdict against the carrier in excess of $5MM.

The insurance company then brought an indemnity claim against Platinum that proceeded to hearing before a 3-member panel at the American Arbitration Association in Chicago. The Firm, up against Reed Smith and Kirkland & Ellis, two of the 30 biggest law firms in the world, persuaded the insurance company to settle after just opening statements and a two-day cross-examination of their star witness.

They saw the writing on the wall – the Firm was ready to go to battle and likely to prevail. Another major victory for the Firm and its clients.

Claim for bad faith denial of insurance benefits arising out of hail damage to a condominium complex. Through careful use of expert and eyewitness testimony, the Firm was able to prove that the majority of the insured’s claimed damage pre-dated the hail event at issue. Armed with that knowledge, the Firm was able to settle the matter for far less than the insured’s claim.

Complex professional liability case. The Firm represented Empire Title, a local title agent that sold Westcor title insurance policies. The facts of the case were complicated and disputed. Westcor issued title policies for a real estate transaction involving, among other things, a like-kind exchange under 26 USC Sec. 1031 of the U.S Tax Code. Despite never tendering the dispute to Empire, Westcor paid the claim after years of litigation and appeals to the Colorado Court of Appeals.

Westcor sought indemnity from Empire, and the Firm employed an aggressive litigation strategy that involved the use of local experts and a 30-page dispositive motion.

The litigation threatened the very existence of Empire Title, a staple of the Denver real estate community. The Firm’s efforts resulted in a settlement for far less than Westcor’s demands and allowed Empire Title to survive.

Commercial Surety and Indemnity Claim. After the financial demise of a grain operator in Pierce, Nebraska, the Nebraska Public Service Commission made claims against the Surety’s Grain Dealer Bond and Public Grain Warehouse Bond.

After negotiating with the PSC, the Surety paid several claims and sought recovery against the principal and indemnitors.

The Firm’s efforts, including making claims in Federal Court, Bankruptcy Court, and novel efforts to garnish proceeds of a malpractice case related to the demise of the principal, resulted in a significant recovery for the Surety.

Contract Surety Dispute. The Firm represented the Surety in disputes related to the construction of several new buildings at the University of Nebraska, Lincoln. The Surety received and paid several payment bond claims, and the Firm was involved in extensive negotiations with the University regarding a potential performance dispute.

The Firm employed an aggressive yet cooperative approach with the University to avoid litigation and allow the projects to be completed through a sister company of the Surety’s principal.

The Firm’s efforts resulted in everyone walking away happy: the work was completed on time and in accordance with the plans and specs, and the Surety obtained 100% reimbursement for its losses by virtue of the Surety negotiating for change orders and the payment of contract funds to the Surety.

No suit filed. The Firm represented the insurer in connection with a claim for a property destroyed by fire. Through quick detective work, the Firm was able to prove that the claim was fraudulent and persuaded the insured to drop the claim. As a result, the Firm’s client incurred no exposure. A total win for the insurer.

Premises liability and negligence case involving allegations of serious injuries and impairment against the Firm’s client.

Following extensive discovery, the Firm filed a motion for summary judgment and the Court agreed, granting the Defendant’s motion in full. The result was a complete victory.

In this breach of contract and misrepresentation action, the Plaintiff lessor filed suit against the Firm’s client, an oil and gas broker, and against the intended lessee, an oil development company.

The Firm’s client the broker and the intended lessee subsequently filed cross-claims against each other. The Firm, through aggressive discovery efforts and motion practice, was able to secure a settlement in which its co-defendant paid the overwhelming share of the Plaintiff’s claim.

Contract Surety and Indemnity Claim. The Firm defended the surety on what originated as a performance bond claim arising out of the construction of the Cheyenne River Health Center on the Cheyenne River Indian Reservation in Eagle Butte, South Dakota.

After conducting an extensive investigation, the surety denied the claim and persuaded the obligee not to pursue it. The Firm then represented the surety in pursuing reimbursement from the principal and indemnitors, which involved negotiating and drafting multiple notes and security instruments in several states.

The Firm also represented the surety throughout the principal’s convoluted Chapter 11 and Chapter 7 bankruptcy proceedings. The Firm’s efforts on behalf of the surety led to the surety completely avoiding liability to the obligee and recovering 100 percent of its loss adjustment expense. A total win for the surety.

Landlord-Tenant Dispute. In this insurance defense case, the Firm defended the owners and operators of an apartment complex in Las Vegas, New Mexico from claims by a tenant for wrongful eviction and conversion.

The tenant alleged that the Firm’s client wrongfully locked the tenant out of his apartment and lost or misplaced the tenant’s personal possessions.

The Firm’s client disputed the claim. After an aggressive defense and meeting with several witnesses, the Firm persuaded the tenant to dismiss his claims for what amounted to nothing more than a nuisance value settlement.

No Suit Filed. The Firm represented the Surety in this construction dispute arising out of the renovation of a campground at Fremont Lake in the Bridger-Teton National Forest.

The dispute gained local notoriety due to the year-plus closure of the beloved campground while the dispute festered. The Forest Service complained that the principal was in default based on a hyper-technical interpretation of the contract specifications. The principal disputed the claim and made its own affirmative claims for an equitable adjustment to the contract.

After extensive investigations, retention of experts, and a lengthy pre-suit mediation, the Firm persuaded the parties to settle their disputes outside of court. Critically, the Firm convinced the Forest Service to dismiss its claims, pay additional funds to the principal, and even recovered a large reimbursement payment on behalf of the surety.

Another practical yet economically successful result for the Firm’s clients.

Plaintiff Premises Liability & DRAM Shop case resulting in personal injury to client. Our client was initially injured when an intoxicated patron physically attacked him, without warning or provocation. He was then severely and permanently injured to a substantially greater degree by the brute force of the untrained bouncers, and the manner and methods they employed in handling the situation.

The Firm, through aggressive discovery efforts, use of the foremost medical experts, locating and obtaining testimony and affidavits of key independent eye-witnesses, and by obtaining pertinent video evidence, was able to negotiate a substantial settlement of the client’s lawsuit against all defendants.

Surety Case. In one of the strangest claims the Firm has handled in years, the Firm defended a surety who had issued license bonds for the principal’s operation of retail and medical marijuana stores. The Plaintiff, the owner of a hotel located next to the marijuana stores, was funded by a national anti-drug organization and brought claims against the surety, the principal, and several others alleging violations of the federal Racketeer Influenced and Corrupt Organizations Act (RICO).

The case received widespread publicity in the press. The Firm filed a motion to dismiss the RICO claims on behalf of the surety and ultimately negotiated a reasonable settlement to remove the surety from unwanted publicity and exposure – unfounded though it was – for alleged violations of federal drug laws.

Contract Surety Claim and Indemnity Case. The Firm defended the surety on what started as a fairly standard performance bond dispute related to the principal’s construction of a new storage facility for a cemetery district in northern Wyoming.

The Firm employed an aggressive defense and discovery strategy that included multiple depositions and a dispositive motion, which ultimately led to a settlement for fractions of the Plaintiff’s initial demands.

What distinguishes this case and shows the breadth of the Firm’s knowledge and experience in the construction world, the Firm negotiated a settlement with the principal’s insurance carrier that included not only payment of the underlying claim, but substantial reimbursement of the surety’s attorney’s fees and costs. The surety paid almost nothing in another near total victory for the Firm’s surety clients.

Surety Indemnity Case. The surety issued several contract bonds for a modular home project in Durango. After years of litigation in state and federal court regarding the underlying bond claims, the claims were ultimately resolved by the principal, with the surety incurring only legal expenses.

The Firm then sued the indemnitors to recover its expenses. The principal asserted counterclaims against the surety, arguing the surety wrongfully failed to return premiums to the principal.

The Firm sought and obtained dismissal of the counterclaims based on language in the indemnity agreement. The principal and indemnitors were left with no choice but to settle the claim and pay the surety’s fees and costs.

Patent Infringement Defense. In another case showing the scope of the Firm’s capabilities, the Firm defended the Plaintiff’s claims that Roofmasters’ construction of retro-fit roofing assemblies in Colorado and Kansas violated the Plaintiff’s patents.

Few firms are equipped like us to handle anything that comes an insurer’s way. The Firm immediately interviewed the key players and became experts in the patentability of retro-fit roofs.

Armed with the necessary knowledge, the Firm was able to quickly settle the Plaintiff’s claims for pennies on the dollar.

Bond claim in Tribal Court. Numerous parties sued the Surety in the furtherance of performance and payment bonds claims on the Wind River Reservation in Wyoming.

The claims were denied by the Surety based on the terms of the Principal’s contract, the bonds and facts indicating the Principal was entitled to additional funds from the owner.

The Firm defended the Surety for several years in Tribal Court, and the case was eventually dismissed by the owner with no payment being made by the Surety. Thereafter, the Firm turned to the Principal and recovered all of the Surety’s losses.

In this action for bad faith denial of insurance benefits, after a detailed and exhaustive investigation of the Plaintiff’s business practices, the Firm conclusively established that Plaintiff was not entitled to the overwhelming majority of claimed damages.

The Firm was able to achieve settlement on the client’s behalf for less than 10% of the initial demand.

Complex contract surety dispute involving years-long litigation related to a Wyoming Department of Transportation project. The case involved payment and performance bond claims, allegations of bad faith, and affirmative claims by the Principal.

The Firm negotiated a successful settlement and obtained a substantial award against the indemnitors. After the trial, when nearly all hope was lost for any significant recovery, the Firm’s outside-the-box thinking led to the recovery of a six-figure settlement involving assertion of rights of the Surety related to the Principal’s malpractice claims against its lawyers in the underlying case.

In this massive insurance bad faith case involving a large commercial property, the Firm delivered unexpected results to its client on multiple levels. After securing a dismissal of the original Plaintiff, the Firm successfully litigated the standing of the first Plaintiff to the 10th Circuit Court of Appeals and recovered the client’s costs and attorneys’ fees in the process. Once the correct party was substituted, the Firm delivered a successful litigation strategy that took apart the Plaintiff’s claims and led to a resolution of the case for millions of dollars less than what the Plaintiff had initially sought.

Ski case. Product liability and negligence action resulting in personal injury. The Plaintiff argued that his injury was due to improper equipment design and manufacturing.

The Firm, through aggressive discovery efforts, use of the foremost experts, and consultation with the international designing engineers was able to convince Plaintiffs to give up and voluntarily dismiss his claims against our client with no money exchanged. A complete success for the client and its insurer.

Oil tank explosion resulting in personal injury with life-altering and permanent injuries. The potential damages extended into the millions.

The Firm, through early discovery efforts, comprehensive evaluation, and strategic positioning in depositions, was able to convince Plaintiffs to resolve their claims against our clients with prejudice, for a fraction of that amount. A successful and substantial benefit for the client and their insurer.

In this surety matter, the Firm received claims on five separate subdivision improvement bonds related to the construction of a new development and golf course community in Gypsum, Colorado.

Using a novel defense based on the fact that the town had retained a new developer, the Firm staved off any claim by the town.

The Firm’s efforts led to a resolution that resulted in the complete discharge and release of the bonds, without the Surety having to pay any funds. The Firm also successfully prosecuted an indemnity action in which the Surety was essentially made completely whole.

Premises liability personal injury matter with substantial and complex spinal injuries and permanent impairment issues. Multiple parties were involved, as well defense and indemnification issues.

The case extended over several years, with changes of venue, last minute continuances, multiple discovery and expert disputes, multiple mediations, and even simulated/mock trials.

Our client stuck to our original evaluation, forcing the matter to a head on the eve of the second trial date, and ultimately came away with a favorable resolution.

Multifaceted insurance bad faith claim. In a complete and total victory for its client, the Firm obtained summary judgment at the district court level and then had that result affirmed by the Nebraska Supreme Court.

Construction Defect action. After a long battle, our client was dismissed without a settlement payment being made.

Construction Defect Case. In this construction defect case, the owner of a commercial office building alleged that a subcontractor had failed to properly construct a soffit framing system in conformance with applicable codes and specifications, resulting in detachment of multiple metal panels causing damage to property below.

Extensive investigation and expert analysis confirmed miscalculations in Plaintiff’s engineering theories, and that responsibility for panel detachment was likely due to factors unrelated to the framer’s performance. The Firm was able to achieve settlement of the Plaintiff’s claims for less than 10% of the initial demand at mediation.

In this construction defect action, the owner of a senior citizen apartment community asserted claims against the installer of a lightning rod system, located on the building’s parapet wall. Plaintiff alleged that the installer created penetrations in the building’s exterior insulated finish system (“EIFS”), causing water to enter the units below.

After aggressive discovery, the Firm established that the 30 year old building had experienced long-term and systematic leaking due to the failure of the EIFS system, and not as a result of the system installation.

Settlement included some minor expenses to address isolated issues, but wholly avoided the cost of replacing the entire EIFS system, a seven-figure repair for which the Plaintiff had advocated during litigation.

Surety Indemnity Case. The Firm continued its proven track record of being on the forefront of developing law in the surety world. In this surety indemnity action, the Firm argued for and obtained the dismissal of a Principal’s claim against the Surety for breach of the duty of good faith and fair dealing.

Before the case, the question of a surety’s tort duty of good faith to a principal was undecided in New Mexico. In yet another reported decision for the Firm, the Court’s opinion can be found at 952 F.Sup.2d 1259.

Surety Indemnity Case. What began as a standard surety payment bond claim turned into one of the strangest cases the Firm has ever handled. The Firm’s investigation into the claim led to the discovery that the Surety’s indemnity agreement was the part of an elaborate fraud scam by the owner of a local construction company, who forged several signatures and notarizations of same on the indemnity agreement.

The Firm’s efforts led to the arrest, extradition to Colorado, prosecution, and ultimate felony conviction of the perpetrator. The Firm obtained a restitution judgment in favor of the Surety, and the perpetrator is making payments monitored by the Denver District Attorney Economic Crimes Unit to repay the Surety for its losses.

Surety Indemnity Case. The Firm defended this Miller Act claim brought in South Dakota Federal Court related to a road paving project in the Black Hills National Forest near Mount Rushmore. After months of discovery and several rounds of depositions, the Firm negotiated a settlement whereby the Firm’s Surety client paid nothing and recouped most of its attorney’s fees and costs. A near total victory for the Surety.

The Firm successfully defended Fireman’s Fund against allegations of bad faith by the Plaintiff, a former Undersecretary in the Department of Defense. The Plaintiff sought well in excess of one million and claimed that Fireman’s Fund acted in bad faith.

Using an aggressive strategy that involved delicate legal maneuvering and retaining world-renowned experts in the government artifacts arena, the Firm dismantled the Plaintiff’s case, ultimately reaching a settlement for less than ten percent of the Plaintiff's demands.

Contract surety dispute. Travelers' Principal alleged delays and impacts, while the Town alleged faulty work and brought a performance bond claim.

After two appeals to the Wyoming Supreme Court and nearly three years of litigation, a positive settlement was reached - Travelers was made completely whole.

Petroleum drilling rig personal injury action with life-altering and permanent injuries. The potential damages extended well-above $10 million.

The Firm, through early discovery efforts, comprehensive evaluation, and strategic positioning in depositions, was able to convince Plaintiffs to voluntarily dismiss their claims against our client 

with prejudice

Complex contract surety dispute. The Owner default-terminated Safeco’s Principal and, after determining that the Principal was wrongfully terminated, Safeco denied the claim. The Owner then sued for bad faith, claiming nearly $10 million in damages.

Litigating against the biggest firms in the Intermountain West, the Firm finally convinced the Owner to relent and agree to a settlement for a tiny fraction of the Owner’s original demands.

Civil rights/medical malpractice case. The Plaintiff, an inmate with the Colorado Department of Corrections, brought claims under the Eighth Amendment and 28 USC 1983.

The Firm represented a physician responsible for providing general medical services to the inmates. The Firm aggressively defended the doctor and the Court agreed with the Firm’s position, completely dismissing all claims against the doctor and awarding costs.

Professional liability defense that also showcased the real estate expertise of the Firm. The bank attempted to foreclose on a property that had been recently sold after their lien was not addressed at closing.

Representing the title company, the Firm dismantled their arguments and the bank agreed to accept a fraction of the total value of its lien, withdraw the foreclosure action and remove its lien on the property.

Gas explosion. The Firm was brought in to take over this complex personal injury and property damage case just weeks before trial. Causation and fault were highly disputed.

The Firm defeated key joint and several liability motions that would have dramatically altered the client’s exposure, the potential for settlement and trial strategy.

The parties were thus able to reach a resolution prior to trial, protecting the client from what likely would have been a large multi-million dollar verdict.

Construction defect case. A national builder asserted that a subcontractor had failed to properly install its drywall product, resulting in systematic failure of the product and resulting damage. The Firm exploited errors in the general contractors’ expert’s testing and analysis and, confronted with its expert’s failures, the builder had no choice but to voluntarily withdraw all claims against its subcontractor, resulting in a complete victory.

Construction defect case. The Firm, on behalf of two subcontractor third-party defendants, argued that the general contractor failed to assert these claims in a timely manner, and they were therefore precluded by the applicable statutes of limitations and repose.

The Court agreed, and entered summary judgment in the subcontractors’ favor. The Court also held that the general contractor was responsible for the subcontractors' reasonable attorneys' fees and costs.

Verdict/Award in favor of our client/third-party defendant, DSRI. This was a multi-unit development construction defect case.

Following a two-week arbitration, in which Pulte made DSRI the primary target in a $10,000,000 damage claim, the Arbiter found Pulte liable to the Association, but awarded a full defense verdict for DSRI, even awarding DSRI all of its costs for defending against Pulte’s claims.

The Firm represented the general contractor responsible for the construction of several buildings comprising the Larimer County Fairgrounds in Loveland, Colorado. After completion of the project, the County asserted various deficiencies in the assembly of the buildings, and sued for repair costs in excess of $25 million.

After narrowing the scope of the County’s claim through dispositive motions and effective discovery, the Firm achieved settlement, contributing only a small fraction of the multi-million dollar amount ultimately paid to the County.

The Firm pursued a subsidiary of one of the world's largest insurers, for the settlement its client, entered into as a result of an action brought against it by an insured. The insured lost his leg to an infection and brought claims against the client for all of it.

The Firm settled the insured’s claims and then pursued the defendant for indemnity. The Firm went toe-to-toe with one of the largest law firms in the country and obtained a settlement that recovered a majority of its client’s settlement with its insured.

In this construction defect case, the oppositions was represented by one of the largest firms in the Rocky Mountain Region, and threatened hundreds of thousands of dollars in damages related to differential foundation movement.

The Firm jumped on the case, immediately reviewing the construction files and inspecting the building. Turning the tables, the Firm convinced the owner to drop the claim in exchange for a settlement of under $5,000.

Facing untold thousands in attorney’s fees, costs, and potential exposure, the Firm’s early, proactive actions resolved this construction defect action without ever getting to Court.

Another example of the Firm making its clients whole. After the Principal lost at trial, the Firm intervened on appeal, resulting in a substantially reduced settlement, all of which was paid by the Principal.

Liberty Mutual was facing several hundred thousand dollars in exposure in the underlying case, and the Firm’s efforts not only avoided any loss for, but it attorney’s fees were all recovered. A total success.

This construction defect case involved a large single-family custom home near New Castle, CO. The Firm was retained replace initial counsel after the trial and in light of a six-figure award of fees, think “outside the box”, pursue a settlement and (after Plaintiffs refused to compromise on fees and costs) to find a way to convince the Arbiter to strike his award of fees and costs.

Through a novel approach, the Firm was successful and saved our client and carrier (and cost the Plaintiffs) over $389,000. The Firm also played an instrumental role in pursuing separate claims against various subcontractors and obtaining an overall positive resolution.

Another multi-million dollar jury trial victory for the Firm and its client, F&D. In this complex construction delay case, F&D and its Principal, an excavation subcontractor, filed suit against the general contractor alleging damages related to the construction of a large concrete utility tunnel in Boulder, Colorado.

F&D asserted its claims pursuant to the terms of an indemnity agreement executed in its favor several years earlier. The general contractor then brought counterclaims against F&D for breach of its performance bond. After three years of intense litigation, the general contractor summarily rejected a six-figure offer of settlement from F&D before trial. Big mistake.

Following the three-week trial, the jury awarded F&D the total of all of its losses, found for the Principal on its affirmative claim, and against the general contractor on all of its counterclaims. The verdict was well over $4,000,000. Ultimately, the Firm’s efforts made F&D whole, to the tune of over $1,250,000.

In this bad faith breach of insurance contract action, the Plaintiff asserted that United Fire had improperly failed to defend and indemnify it under a liability policy. United Fire denied the claim as excluded from coverage under the policy’s Total Pollution Exclusion.

On top of its alleged breach of contract damages, the Plaintiff also sought attorney’s fees and double damages to the tune of over half a million dollars under Colorado’s new bad faith statutes.

The Firm filed a motion for summary judgment and Judge Kane agreed, granting UFC’s Motion in full. The Plaintiff appealed, but the Tenth Circuit upheld Judge Kane's ruling. The result was a complete victory.

In this construction accident case, the Plaintiff appealed a prior entry of summary judgment to the Colorado Court of Appeals. Acting as lead counsel on behalf of 12 defendants, the Firm argued that Plaintiff had misconstrued certain requirements under C.R.C.P. 54(b), and as a result, failed to timely file its appeal.

In its motion to dismiss the appeal, the Firm set forth an exhaustive review of numerous trial court orders, and conclusively established that Plaintiff was not entitled to proceed on appeal. The Court of Appeals agreed, resulting in a complete victory for the client.

In this negligence and trespass to land dispute, Vail’s chairlift was damaged during summer lift maintenance operations, when a delivery truck trespassed on Vail’s property and drove underneath and in the way of the lift while attempting to enter an adjacent construction site through a non-designated access point.

The resultant collision damaged chairs, and required a full replacement of the entire haul rope. As blame was asserted in all directions, the Firm calmly proceeded to trial against the trespassing delivery company.

After the first day of trial, a mistrial was declared due to an unrelated juror issue, however, as was evident from subsequent juror interviews, the effective presentation of Vail’s primary witnesses proved devastating to the defense’s position. Shortly thereafter, the delivery company folded, agreeing to Vail’s settlement demand. Another happy HLF client.

This was a bad faith payment bond case in which the Firm’s client, Safeco, issued a payment bond to the general contractor on a highway re-paving job in northern Colorado.

The claimant subcontractor, sued the general contractor for more than $500,000 in damages and asserted a bad faith claim against Safeco for its handling of the claim.

Complicating matters was the fact that the case was proceeding in Bankruptcy Court as a Chapter 11 Adversary Proceeding. Nevertheless, and demonstrating its broad range of expertise, the Firm negotiated a settlement at mediation in which the general contractor agreed to pay a significantly reduced sum in exchange for a complete dismissal of the case, including the claims against Safeco.

The Firm’s client paid nothing, not even attorney’s fees. A total success.

The Firm represented a Surety in an indemnity action against bond Principal and its individual indemnitors. After securing judgment against the indemnitors for losses sustained by EMC, the District Court granted the Firm’s request for a Writ of Execution, transferring title of all of Chavez’ assets to EMC and paving the way for liquidation.

After strategically agreeing to satisfy a major tax lien, the Firm successfully converted an already pending tax sale into a full-blown auction of all assets at minimal expense to the Surety. Successful advertising ultimately brought more than 100 well-qualified buyers from around the country, helping the Surety to recover more than $330,000 of its losses

The Firm represented the developers of a 320 condominium project in Centennial, Colorado. After completion of the project, unit owners sued for repair costs in excess of $57 million.

After filing numerous effective motions which narrowed the scope of the Association’s claim, the Firm achieved a significant settlement, equaling only a small fraction of the Association’s original demand.

The Firm represented the property manager, spa owner, and massage therapist in a personal injury action for neck injuries, surgeries, and impairment and disfigurement that alleged resulted from a massage at a high-end resort in Edwards, CO.

The Firm defended the matter based on causation, employing various experts in the orthopedic world, as well as in the massage therapy world. The matter was favorably resolved without expense to the Firm’s clients.

The Firm represented a general contractor, Westover Construction, Inc., in a six-digit personal injury claim brought by a general contractor injured on the job.

The claim was wholly defeated based on immunity of the general contractor as a statutory employer. The Plaintiff voluntarily dismissed the claim before the Answer was even filed.

As part of the Firm’s representation of Vail Resorts and its many corporate affiliates, the Firm represented a Keystone Resorts employee against claims of malicious prosecution.

The Firm vigorously defended the case, and the Court agreed with the Firm’s position, granting summary judgment an all of the Plaintiff’s claims and ordering the Plaintiff to pay the Firm’s costs.

The Firm represented subcontractor in a multi-party construction defect action involving an addition to Anheuser-Busch’s brewery warehouse in Ft. Collins, Colorado.

There were multiple construction issues related to the construction of the roof, and there were multiple efforts by the owner, the general contractor and various engineers and product manufacturers to remedy the issues with the metal panel roof, none of which were successful.

The Firm supported and maintained a defense of lack of causation. The Firm was able to extract the client out of the matter in the early stages of this suit, thereby saving the client and the insurance carrier significant time, inconvenience, business disruption, expenses and fees.

The Firm represented Hartford Fire Insurance Company regarding affirmative claims against the United States associated with a Miller Act bond claim initiated by the U.S. Department of Veterans Affairs.

Hartford had stepped in as the completing surety on two projects for the VAMC in Denver, Colorado. In completing the projects, Hartford incurred substantial amounts of additional expenses related to work performed on the projects that was out of the scope of the original contracts.

Hartford sued the United States in the Court of Federal Claims and the Firm later negotiated a substantial settlement covering the Surety’s out-of-pocket and construction expenses.

The Firm represented sixteen different Defendants in a complex copyright infringement case in Federal Court. The Plaintiff accused our clients of infringing the Plaintiff’s copyrighted architectural designs and claimed tens of millions in damages.

It took nearly three years to convince the Plaintiff’s lawyers that the Firm was prepared to try the case, and HLF eventually settled the case for a fraction of the Plaintiff’s initial demands.

The Firm negotiated a major settlement for its client, Steamboat Property Maintenance, staving off bankruptcy and protecting them from years of heartache.

When HLF became involved, Steamboat Property Maintenance had already incurred a $13 million default judgment for failing to appear.

Using a little-known exception to the Rules and case law from the early 1900s, the Firm convinced the Plaintiff to set aside the judgment and dismiss the case for pennies on the dollar.

Victorious Summary Judgment in a construction defect case against the Firm’s client, a sealant contractor.

The Firm successfully defeated the Plaintiffs - developers of a condominium complex in Denver, Colorado – by successfully applying Colorado’s Statute of Repose. Case dismissed.

Major jury trial win in a hotly disputed fire case involving the almost total destruction of a feed mill in north central Colorado. The Firm represented one of the two Defendants, both of whom were welders that had worked at the mill on the date of the fire.

We offered $750,000 (as did the other welder, for a total of $1,500,000). The Plaintiffs rejected it, and at trial asked for over $13 million. The jury agreed with the Firm, and awarded the Plaintiffs nothing. We have asked the Court to award our client approximately $250,000 in costs.

Jury trial win in a complex oil and gas case against owners of mineral rights in the McElmo Dome CO2 Production Field in southwest Colorado. Plaintiff was a dissatisfied former member of a coalition of mineral rights owners which was formed to pursue major oil companies, including Shell and Chevron, for fraud in the sale of CO2.

The underlying case settled for over $25 million. In this case, the Plaintiff accused the Firm’s clients of fraud and conspiracy and sought several million dollars in damages. We offered $125,000.00. The Plaintiff rejected it. That was a mistake, because the Federal Court jury came back and gave them nothing.

Big victory for Underwriters at Lloyd’s and the Firm in a declaratory judgment action resulting from a fire which occurred in a four-plex townhome building. The Insured, Washington Park Townhome Association, had duplicate coverage for the property at issue.

American Family took the position that coverage under its policy was excess over Underwriters’ policy and refused to pay. They even rejected our initial offer of $257,000 outright, and offered nothing substantial in response. That was a mistake – the Firm won a judgment well in excess of $300,000.

Big jury trial win in a construction case against the Firm’s client, a floor installation specialist. The Plaintiff was the owner of a large, luxury condominium complex in downtown Boulder, Colorado.

Plaintiff alleged that it was entitled to several million dollars in damages. After a two-week trial, the jury rejected all of the Plaintiff’s claims. Even better, the Firm’s client was awarded the full amount of his counterclaim.

But the real story in this case was in the offers of settlement. The Plaintiff’s last demand was $800,000. HLF offered $300,000.00. Not only did they recover zero, but because of the complete victory, the Court awarded the Firm’s client over $550,000 in fees and costs.

The distance between rejecting a $300,000 Offer of Settlement and getting hit for $550,000 is $850,000, not to mention the hundreds of thousands of dollars expended by the Plaintiff in its futile efforts to pursue the case.

The Firm represented Travelers in an affirmative claim against the New Mexico Department of Transportation.

At mediation, the Firm negotiated a settlement of the pass-through claims in excess of $600,000.00 and was able to recover a significant portion of the monies paid under the Bond.

Major settlement involving high exposure liability case resulting from the collapse of a building under construction onto a consultant at the site.

Injuries involved multiple back surgeries and traumatic brain injury.

A residential construction case against a small family owned construction company which specializes in environmentally friendly buildings. The Plaintiff homeowner sued for everything imaginable, including fraud, and made a variety of personal claims against the Defendants for violation of the Colorado Consumer Protection Act, theft, alter ego and fraudulent transfers.

Plaintiff alleged that she was entitled to hundreds of thousands of dollars in damages. After a two week trial led by Patrick Hustead, the jury rejected all of the Plaintiff's claims against the individual Defendants.

The sole verdict on behalf of the Plaintiff was against the no-asset corporation for breach of contract in the amount of $45,000.00 - less than the $50,000.00 we had offered in settlement prior to the commencement of the trial, and a lot less than their last demand for $200,000.00. The Firm's clients went home very happy individuals.

Big win for AIG and the Firm. The Firm represented AIG/Granite State Insurance Co. ("Granite"), in connection with a Lien Substitution Bond that Granite had issued.

The Trial Court entered judgment for $287,501.01 against Granite in connection with the bond just nineteen days after Granite intervened in the underlying action so as to raise defenses against the claim.

Granite appealed the judgment claiming a due process violation, among other things, and was completely victorious. After oral argument, the Court of Appeals vacated the judgment in its entirety without even remanding it to the trial court. Granite was permanently absolved of any and all liability.

Construction case involving $1.7 million expansion of the Blue River Wastewater Treatment Plant in Silverthorne, Colorado. The Silverthorne-Dillon Joint Sewer Authority sued Travelers and its Principal for more than $360,000 alleging various claims including bad faith against the Surety.

The case never made it to trial because the Silverthorne-Dillon Joint Sewer Authority ultimately agreed to settle and pay the Surety's Principal $265,000 and dismiss all claims against Travelers. That's a big win.

Construction case defending a local subcontractor against a claim by the largest reconstruction company in the world. Big win in the face of scorched-earth tactics. The Plaintiff wanted $1,000,000, and said they would settle for $450,000. The Firm offered $75,000. They rejected it.

The Firm tried the case to a jury and won. Not only did the client pay nothing, but it was awarded over $106,000 in damages. The Firm: 1. The Largest Reconstruction Company in the World: 0.

Another big win, this time against the largest hotel company in the world, Starwood. Five week Arbitration. They withheld $2.5 million from our client at the end of the job, then wanted an additional $2.5 million, but they were ordered to pay our client millions.

The Firm: 2. The Largest Hotel Company in the World and The Largest Reconstruction Company in the World: 0.

Big appellate win on behalf of one of the largest insurers in the world. More important, the case has established defenses that will save insurers tens of millions of dollars, all on theories conceived of, and sold to the judiciary by, the Firm.

Long-anticipated victory in a hotly contested coverage dispute wherein the unrelenting Plaintiffs sought uninsured motorist benefits under a policy to which they had no entitlement. Case won totally on the Firm's motions.

Big premises liability injury case, but we found a hole in their legal theory. Case dismissed on our Motion for Summary Judgment.

Catastrophic brain injury, back injury, and soft tissue claim. Five year battle, big offers made by the Firm, yet a complete defense verdict after a two week jury trial. Even in a case with clear liability against the client. Big win for the Firm.

Represented commercial Surety in an ultra-high profile matter concerning the embattled Arapahoe County Clerk and Recorder. No loss.

Summary Judgment win for our client in a declaratory judgment action involving a third party coverage dispute.

The court found our client had no duty to defend or indemnify the insured against a complex and expensive trade infringement case pending in California.

In this action to recover against the Principal of performance and labor and material bonds and the individual indemnitors, the Firm prevailed, resulting in a recorded judgment in favor of our Surety client in excess of $260,000.

Big bar fight, big injuries, and a big victory for the Firm in a two week jury trial defending the owners of the best nightclubs in Denver.

Commercial Surety. Innumerable claimants against client CNA Surety, yet the case resolved without a glitch.

Employment case. Arose out of the demotion of Plaintiff from the rank of sergeant to the rank of patrol officer in the Aurora Police Department. She got the case dismissed on a Motion to Dismiss including winning attorney's fees against the opposition.

Simply a spectacular case involving Firm client Chubb. The Firm secured TRO's and many other forms of relief in this case against an agent allegedly issuing bonds without the knowledge of the Surety. Settlement confidential.

Fidelity bond case for one of the Firm's oldest clients, Underwriters at Lloyd's, London. The client never paid a dime because the Firm demonstrated that there was no reason for it to do so.

The Firm made sure this case was dismissed right out of the blocks, finding a procedural flaw in the Plaintiff's action.

Complex gold mining case for client AIG. Case resolved with no loss.

The Firm took on Idaho's richest man, with his hyper-aggressive New York law firm at his side, and slugged it out to a standstill - until the Firm's client went broke and the Firm regretfully withdrew.

Contract Surety and bad faith surrounding the refurbishment of the Montana State Capitol building. Excellent settlement on difficult facts.

Contract surety. Great settlement for the client.

Intellectual property case where the Firm eviscerated the opposition primarily due to the unrelenting work of the Firm.

More contract surety in Montana with similar positive results.

Americans with Disabilities Act Arbitration. Patrick Hustead was the Arbiter in this case.

Another contract surety victory for the Firm against the largest elevator company in the world.

Contract surety. A big default and a big indemnity recovery for the contract surety client.

The type of intellectual battle that defines the Firm. The Firm won a Motion for Summary Judgment concerning the validity of a Release.

The issue involved a Release as it pertained to a later payment bond claim due to a bankruptcy trustee asserting a preference claim against the Obligee. The Release was found to bar the claim. Big win for a great client.

Defended major insurance client in dispute against the largest and most famous resort in Colorado - The Broadmoor. Excellent settlement.

Agents E&O defense. The Plaintiff sued George Insurance Agency as a result of United Fire and Casualty denying coverage under his Commercial General Liability policy which Esparza purchased from George.

Short story: Case dismissed with prejudice.

Big win for the Firm in a surety bad faith case. Two week jury trial. The Firm was brought in a month before trial to try the case.

Despite overwhelming odds, it was a total victory. The jury gave the claimant $1.00 for the bad faith claim. The client wrote the check.

Commercial truck/multiple wrongful death claims. A dangerous case, but the Firm was successful in transferring the blame to the real parties at fault. Excellent settlement.

Big fire, and another big win against a Plaintiff trying to pin it all on the wrong party.

The commercial surety claim that would not die until the Firm finally woke everybody up and settled it.

The Cedar Heights Community Association, Inc., et al. v. Northern Colorado Video, Inc., et al., El Paso District Court, 97CV3360.

Coverage and bad faith. Successfully negotiated a $3.5 million settlement that avoided a $20 million exposure, including almost unlimited exposure for bad faith.

Another complex intellectual property case for Underwriters at Lloyd's, London. Settlement confidential.

First party coverage case based upon allegations of a Coors beer spill that killed thousands of fish in Colorado's Clear Creek. The insurer was right and never paid a cent. Later became a big issue in Pete Coors' Senatorial Campaign.

Intellectual property case. Involving the famous bike rally in Patrick Hustead's former back yard. Settlement confidential.

Simply a huge win for the Firm. Complex construction case involving uranium mill tailing remediation. Big win in a month long jury trial in Grand Junction, Colorado.

Defeated all claims and won a $6 million dollar affirmative claim against the Obligee. Surety made whole even after spending almost $2,000,000 in fees and expenses.

Also won a major Motion for Summary Judgment concerning fraud and inducement in the issuance of bonds, resulting in the oft-cited opinion, at 63 F.Supp. 2d 1272 (D.Colo., 1999).

Surety bad faith case. Successfully resolved a complex performance bond claim and surety bad faith case for less than $100,000 arising out of a major construction/defective roof project on a medical center in Montana brought by the Bureau of Indian Affairs.

Truck liability. Defended trucking company on claims for brain injury, back injury, etc. stemming from an infamous 20 car pile-up in a Colorado flash-blizzard.

Excellent settlement against one of the most aggressive plaintiff's lawyers in Colorado.

Catastrophic property damage case. Represented a major insurer, 

Fidelity

and

Deposit Co, of Maryland

Highly sensitive sexual assault case. Settlement confidential.

Liquor liability. Brain injury resulting from brutal beating. Classic defense case that resulted in a fantastic settlement because the Firm was prepared to try the case and win it.

Recreation liability. Waterpark accident resulting in amputation. Another great settlement for the Firm's client.

Complicated first party rescission case in Arkansas with allegations of fraud stemming from the destruction by fire of the insured's business.

Case won on a Motion for Summary Judgment, which the Arkansas Court of Appeals later tossed out in a split decision. But the leverage was created and case was settled.

Another rescission action on behalf of Underwriters at Lloyd's, London, surrounding the apparent intentional burning of a bar in a small town in the Ozarks.

Simply a wild case that resulted in an excellent settlement due in large part to the intense investigation and development of facts by the Firm.

Wrongful death by drowning. Incredible settlement after a long, hard battle.

Contract surety case with a blizzard of claims and a complicated indemnity puzzle. A great resolution that went beyond the client's wildest expectations.

Huge case; $165,000,000 at stake. The Firm went alone against three of the biggest law firms in the United States. One from New York, one from Washington, D.C., and one from New Jersey. Issue here was whether GE could attack Underwriters in state court in Colorado for bad faith, which GE desperately desired, or whether GE had to arbitrate their claims in London. GE thus brought it all to the courtroom and after a particularly brutal battle, was sent packing by the Firm. They essentially tried to out-brief and out-intellectualize the Firm, and they failed. The Firm: 1. Three of the biggest Firms in the USA: 0.

Negotiated indemnity recovery in the neighborhood of $2 million dollars in the face of a very large default involving multiple, complicated, fraudulent conveyances and affirmative claims.

Utilizing TROs, injunctions and the Denver Police Department for asset seizure, the Surety was made almost whole in a spectacular recovery effort. Multiple contract defaults in complicated prison jobs across the country that were deftly handled and the big liability avoided.

Commercial surety. The Firm utilized TRO's and a preliminary injunction to pursue indemnity for the surety.

Intellectual property case for Underwriters at Lloyd's, London.

Bad faith case. Launched the Firm as the go-to Firm for Underwriters in the Rocky Mountains.

Intellectual property case for Underwriter's at Lloyd's, London. Unraveled the opposition's case and settled it for peanuts.

Product liability/wrongful death case. Allegations of trailer hitch failure resulting in a fatal rollover. Settled.

Commercial bond case that sprouted into a class action over tens of millions of dollars. Resulted in an appeal, 914 P.2d 451 (Colo. App. 1995). The class action was derailed in a big win for the Firm.

After several years the Firm finally proved that the claims were baseless and they never got a dime. Recovered substantially all the fees incurred by the client as well. A total victory.

Brain injury case. Two week jury trial. It took the jury about 30 minutes to bring back a defense verdict. Total victory.

Commercial bond case. Excellent settlement.

Contract surety matter that had it all - hotly contested litigation with the Obligee, workouts, takeovers, an indemnity action and a final battle in bankruptcy court.

Contract Surety. A hard fought, lengthy, complicated, multi-million dollar dispute in a difficult jurisdiction. Everything from the soil compaction to the walls to the shingles on the roof at issue. Delicate situation - Surety vs. local school. Plus indemnity. Plus pursuing innumerable subcontractors. Settlement and ultimate recovery so exceeded the client's expectations that the President of the company gave special recognition to the claim specialist who hired the Firm.

Seemingly endless battle surrounding the construction of a paved road by the Canadian border near Glacier National Park. The Firm gained invaluable leverage by conceiving of and developing a fraud-based rescission claim on the bond, essentially gutting the opponent's case.