SB17-045 Summary

• Court must apportion defense costs, including reasonable attorney fees, equitably among all insurers with a duty to defend a construction professional in a defect action.

• District court shall hold an expedited evidentiary hearing within 90 days after an insurer files a contribution claim, with expedited briefing schedule and discovery precluded.

• Court shall enter interim orders apportioning past and future defense costs among insurers pending conclusion of the underlying action against the insured.

• After final judgment resolving all claims, any insurer may apply for final apportionment of defense costs actually paid, with the court allocating costs based on damages liability arising from each named insured's and additional insured's work.

• Insurers seeking contribution may also claim against insureds or additional insureds who failed to procure liability insurance for relevant time periods; contribution claims may be assigned and do not limit any insurer's duty to defend.

• Effective July 1, 2017, for actions filed on or after that date.