In a released viewpoint, the Colorado Court of Appeals held that a district court erred in its rejection of an accused’s movement for a directed decision based upon the financial loss guideline and specified that the lower court improperly counted on 2 cases– neither of which prevent application of the financial loss guideline to bar typical law neglect claims including willful and wanton conduct.
According to the viewpoint, the offender, HIVE Building and construction, appealed the district court’s rejection of its movement for a directed decision on a single neglect claim brought by Mid-Century Insurance coverage. HIVE argued that the financial loss guideline disallowed Mid-Century’s claim. The district court decreased to use the financial loss guideline– mentioning McWhinney Centerra Way Of Life Center LLC v. Poag & & McEwen Way Of Life Centers-Centerra— since Mid-Century supposed HIVE participated in willful and wanton conduct.