adequate opportunity test (Colorado) · Go Syfert
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adequate opportunity test in Colorado

5 Colorado opinions name it 2 courts 2011–2026 4 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
People v. Braunthalgreen
colo · 2001 · cited in 1 Colorado opinions naming this issue, 2026–2026
1 sentence

2026See Martinez v. People, 2015 CO 16, ¶ 14 . 12 process violation based on the [S]tate’s failure to preserve potentially exculpatory evidence, the defendant ‘must prove that the evidence was suppressed or destroyed by state action and that the evidence was material.’” Eason, ¶ 37 (quoting Braunthal, 31 P.3d at 172 ).

11
Martinez v. Peoplegreen
colo · 2015 · cited in 1 Colorado opinions naming this issue, 2026–2026
1 sentence

2026See Martinez v. People, 2015 CO 16, ¶ 14 . 12 process violation based on the [S]tate’s failure to preserve potentially exculpatory evidence, the defendant ‘must prove that the evidence was suppressed or destroyed by state action and that the evidence was material.’” Eason, ¶ 37 (quoting Braunthal, 31 P.3d at 172 ).

11
Miller v. Shugartgreen
minn · 1982 · cited in 1 Colorado opinions naming this issue, 2011–2011
1 sentence

2011However, insurance policies generally include a cooperation clause, see Couch on Insurance § 199:3 (3d ed.2010) (also noting that some states have implied a duty to cooperate as a matter of law), and there is no claim that the insurance policy in this case did not contain one. [2] Red Giant Oil Co. v. Lawlor, 528 N.W.2d 524, 527 (Iowa 1995) (insurer "willfully failed and refused to defend" its insured); Miller v. Shugart, 316 N.W.2d 729, 733 (Minn. 1982) (insured did not violate his duty to cooperate by entering into a settlement with the plaintiff while insurer was disputing coverage); Six v.

11
Red Giant Oil Co. v. Lawlorgreen
iowa · 1995 · cited in 1 Colorado opinions naming this issue, 2011–2011
1 sentence

2011However, insurance policies generally include a cooperation clause, see Couch on Insurance § 199:3 (3d ed.2010) (also noting that some states have implied a duty to cooperate as a matter of law), and there is no claim that the insurance policy in this case did not contain one. [2] Red Giant Oil Co. v. Lawlor, 528 N.W.2d 524, 527 (Iowa 1995) (insurer "willfully failed and refused to defend" its insured); Miller v. Shugart, 316 N.W.2d 729, 733 (Minn. 1982) (insured did not violate his duty to cooperate by entering into a settlement with the plaintiff while insurer was disputing coverage); Six v.

11
HealthONE v. Rodriguez ex rel. Rodriguezgreen
colo · 2002 · cited in 1 Colorado opinions naming this issue, 2011–2011
1 sentence

2011Rodriguez, 50 P.3d 879, 887 (Colo.2002) ("In determining whether summary judgment is proper, the nonmoving party is entitled to the benefit of all favorable inferences that may be reasonably drawn from the undisputed facts, and all doubts must be resolved against the moving party.") (citations omitted). [7] The trial of the bad faith claim not only presents an adequate opportunity to test the issues of fraud and collusion, it also presents an adequate opportunity to test whether Mid-Century could have prevailed at a trial on liability for the injury and therefore did not breach any duty to Jam

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Nunn v. Mid-Century Insurance Co. green
colo · 2011
2 sentences

2021Such an action “presents an adequate opportunity to test the issues of fraud and collusion,” and “to test whether [Auto-Owners] could have prevailed at a trial on liability for the injury.” Nunn, 244 P.3d at 123 n.7.

2021Such an action "presents an adequate opportunity to test the issues of fraud and collusion," and "to test whether [Auto-Owners] could have prevailed at a trial on liability for the injury." Nunn , 244 P.3d at 123 n.7 .

22021–2021
In re Estate of Owens green
coloctapp · 2017
1 sentence

2026Id.

12026–2026

Where else courts name it

IL 8 (1977–1994) NY 5 (1975–2025) CO 5 (2011–2026) NC 4 (2022–2022) NM 3 (1995–2004) NJ 3 (2006–2019) WI 3 (1989–2025) HI 3 (2008–2014) OR 2 (2002–2009) MI 2 (1980–2000) DC 2 (1994–2000) FL 2 (1990–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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