Today, the Tenth Circuit issued its long-awaited opinion in
Greystone Construction v. National Fire & Marine and vacated the summary judgment that had entered in favor of the insurance carrier. The court declined to apply HB 10-1394 to existing policies but recognized that the Colorado Court of Appeals's 2009 decision in
General Security v. Mountain States was likely in conflict with Colorado Supreme Court precedent. We will post more information once we have had time to review the opinion in detail, but this is clearly a significant development in the law of construction insurance in Colorado.
Update: For a further discussion of this case, see Jesse Howard Witt and Marci M. Achenbach, "Insuring the Risk of Construction Defects in Colorado: The Tenth Circuit's
Greystone Decision,"
90 Den. U. L. Rev. 621 (2013).
