Second Green Mountain Townhouse Corp. v. Mesa Underwriters Specialty Insurance Company — 10th Cir. (Sep 15, 2026)
The Tenth Circuit hears an insurance dispute that began with hail-damage repairs at a Colorado townhouse community. Second Green Mountain sued its contractor, alleging defective roof and siding work and water leaks. They later agreed to a roughly thirteen-point-four-million-dollar judgment. The association promised not to collect from the contractor, which assigned it rights to sue its liability insurer, Mesa Underwriters. Colorado law calls this a Nunn agreement. The association then sued Mesa for alleged bad faith. The district court found the settlement collusive and ruled for Mesa without a trial. The appeal asks what counts as collusion and whether disputed facts belong before a jury. Chris Mosley will argue first for the association and seek reversal.
Second Green Mountain Townhouse Corp. v. Mesa Underwriters Specialty Insurance Company (No. 25-1448) — U.S. Court of Appeals for the Tenth Circuit, argued September 15, 2026.
- 0:00Introduction
- 2:25Colorado insurance statutes
- 14:11Advocate — Gary Kull