ColoradoSep 21, 202632 min opinionInsurance coverage
A.R. Wilfley & Sons, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA; Federal Insurance Company; and United States Fire Insurance C...
Supreme Court of Colorado, reported at 2026 CO 64, decided this insurance coverage matter on September 21, 2026. Samour wrote, sitting en banc.
Insurance coverage
What the court held
And because, as pertinent here, the Federal Policies can be triggered only by occurrences that are 14 "not covered" by Reliance's policies or when the underlying limits have been exhausted, we answer the certified question in the negative.
Quoted from the court's own holding or syllabus. Confirm against the linked opinion before relying on it.
Key passage
“The policies at the heart of the parties' dispute require the umbrella/excess carrier to defend against any occurrence "not covered" by the insured's primary policies. The umbrella/excess carrier and the insured offer competing interpretations of "not covered," each yielding a different outcome.”
Why this matters
The opinion is published, so it binds Colorado trial courts until the court revisits it. This decision may affect how insurers, policyholders, and claims teams evaluate coverage, defenses, and available remedies.
Review focus
The policy language and coverage question before the court
The parties' positions on carrier obligations or exclusions
The decision's practical effect on claim evaluation