Colorado Court of Appeals Rules That Willful and Wanton Misconduct Claim Is Not Shielded from the Economic Loss Rule
April 14, 2023 / News / Writing and Speaking
By Paul V. Esposito
Reversing a jury verdict for an insurer in a restaurant fire-loss subrogation case, the Court of Appeals held that the economic loss rule bars a negligence claim based on willful and wanton misconduct. Mid-Century Ins. Co. v. HIVE Constr., Inc., 2023 Colo. App. LEXIS 351 (3/16/23). A contractor substituted combustible plywood for drywall in a kitchen cook-line wall, resulting in a fire. The contractor did not owe a tort duty independent of its contractual duty to perform in a workmanlike manner and according to specifications. Though grounded in willful and wanton misconduct, the claim against the contractor did not allege an intentional tort precluding the economic loss rule.
Paul V. Esposito