Andrew Low  
Andy Low                     
 
The Tenth Circuit Court of Appeals ruled, on Feb. 2, 2010, that a liability insurance company must cover the cost of defending a series of lawsuits against DGS client Apartment Investment and Management Co., known as AIMCO.  The lawsuits arose from a fraudulent scheme run by an insurance broker who had helped set up AIMCO’s property insurance program.  Nutmeg Insurance Company refused to defend the lawsuits.
 
Applying Colorado’s "complaint rule," the federal district court ruled that the insurer had no obligation to defend because no single complaint contained sufficient allegations to trigger coverage.  DGS partner Andy Low argued that the lawsuits should have been analyzed together, not separately, because they were factually related.  Low argued that a liability insurer cannot disregard information of which it is actually aware merely because the information is contained in different, but related, complaints.

The three-judge appeals court agreed, ruling:
" … we believe the Colorado Supreme Court would approve of an exception to the complaint rule requiring an insurer to consider the allegations in parallel judicial proceedings, of which it is aware, arising from a common core of operative facts."  Applying this exception, the appellate court rejected all of Nutmeg’s defenses and agreed that the insurance policy covers AIMCO’s defense costs.

Low, chair of the DGS appellate group, was assisted in this case by DGS associate Terry Miller, with additional support from associates Geoff Klingsporn and Dan Spivey.


Patricia Peterson
Patricia Peterson

Davis Graham & Stubbs LLP, where nearly a third of the firm’s partners are women, ranked 2nd in a nationwide survey of law firms conducted by Law 360 that focused on firms with the highest concentration of women partners.  DGS partner Patricia Peterson commented in a related article, Top Firms For Women Invest For The Long Haul.  Peterson, who has been a member of the firm’s executive committee, cited the firm’s “long-term” view” of lawyers as being “more conducive for women to go through the stages of their career while they're having their families. . . . It's not something that happens over night,” said Peterson, referring to cultivating women partners.  “Most of our women partners have come through the ranks ... This is what we're about: making opportunities available for people with talent, men and women.” 


Elizabeth Titus  Vicki Johnson
Elizabeth Titus              Victoria V. Johnson

Damian Arguello
Damian J. Arguello

DGS associate Elizabeth Titus has been elected president of the Colorado Gay Lesbian Bisexual Transgender Bar Association for 2010. Formerly Colorado GLBT Bar Association’s secretary, Ms. Titus will continue to promote the group’s mission of providing support and a collective voice for Colorado GLBT legal professions through community involvement, activism and education.

“I am excited to represent Colorado’s GLBT legal professionals in the coming year, to continue to advance our bar association’s visibility within the legal community, and to advocate for issues that are important to the GLBT community at large,” said Ms. Titus.

With Ms. Titus’ recent appointment, Davis Graham & Stubbs attorneys now serve as presidents of three specialty bar associations in Colorado. She joins DGS partner Victoria V. Johnson, who is the president of the Colorado Women’s Bar Association, and DGS associate Damian J. Arguello, who is the president of the Colorado Hispanic Bar Association. They continue a DGS tradition of leadership roles in our community and in organizations that seek to promote diversity in the legal profession.

Read the full press release.

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