10th Circuit Court of Appeals

Posted on August 28, 2023

In 199 East Pearl Condominium Owners Association v. Acuity Insurance Company, we prevailed on all four alleged claims as the 10th Circuit Court of Appeals affirmed the District Court’s grant of summary judgment. We successfully argued that subsequent discovery of latent water damage related back to the initial discovery of damage such that the contractual limitations period barred the plaintiffs’ declaratory judgment and breach of contract claims, as well as establishing a complete lack of evidence supporting the plaintiffs’ substantive and procedural bad faith claims.

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