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Colorado Case Laws for MTC Arb


sillymonkey
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I'd like to thank everyone so far for their help. I want to add my own info for others in CO wishing to MTC arb and who did not elect arb in their summons answer.

 

So it looks like as long as you did not participate or complete Discovery pursuant to Rule 316(a), the court deems that arb is NOT waived. My judges ruled that filing of disclosure statements as required by Rule 316 does not waive arb rights. (In CO, you have to file disclosure statements voluntarily within certain time frame in accordance with CRCP)

 

The case law that supports no waiver of arb she cited is Vessels Oil & Gas v Coastal Refining & Marketing, 764 P.2d 391 CDolo App. 1988. In this case, discovery had been initiated but NOT completed and therefore arb was deemed NOT waived.

another possible case to cite is

Peterman v State Farm Mutual Automobile Insurance Co,, 961 P.2d 487 (Colo. 1998).

Hope these cases can help someone else in their fight!

Mine continues in arb :-D

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