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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.
Sources:
Argument audio — Tenth Circuit (public domain, 17 U.S.C. § 105):
https://www.ca10.uscourts.gov/sites/ca10/files/oralarguments/25-1448.mp3
Argument date and case listing — Tenth Circuit:
https://www.ca10.uscourts.gov/oralargument/search-results?field_oa_hearing_date_value%5Bmin%5D%5Bdate%5D=08%2F01%2F2026&field_oa_hearing_date_value%5Bmax%5D%5Bdate%5D=10%2F02%2F2026
Underlying construction-defect complaint — Jefferson County District Court, filed November 11, 2019; copy hosted by counsel:
https://kerranestorz.com/uploads/content/00685795.PDF
Summary-judgment order — District of Colorado, Filing 99; court document mirrored by Justia:
1:2023cv00727/223094/99" rel="nofollow">https://docs.justia.com/cases/federal/district-courts/colorado/codce/1:2023cv00727/223094/99
Appeal and counsel appearances — court docket mirrored by Justia:
https://dockets.justia.com/docket/circuit-courts/ca10/25-1448
Filed amicus brief — United Policyholders and supporting organizations, March 9, 2026:
https://uphelp.org/wp-content/uploads/2026/04/Second-Green-Mountain-Amicus-Brief.pdf
Nunn v. Mid-Century — Colorado Supreme Court opinion, mirrored by Justia:
https://law.justia.com/cases/colorado/supreme-court/2011/09sc195.html
Colorado insurance statutes — General Assembly, Title 10, Sections 10-3-1115 and 10-3-1116:
https://olls.info/crs/crs2025-title-10.pdf
Gary Kull — Kennedys official lawyer profile:
https://www.kennedyslaw.com/en/our-people/people/new-jersey/gary-kull/
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.
Sources:
Argument audio — Tenth Circuit (public domain, 17 U.S.C. § 105):
https://www.ca10.uscourts.gov/sites/ca10/files/oralarguments/25-1448.mp3
Argument date and case listing — Tenth Circuit:
https://www.ca10.uscourts.gov/oralargument/search-results?field_oa_hearing_date_value%5Bmin%5D%5Bdate%5D=08%2F01%2F2026&field_oa_hearing_date_value%5Bmax%5D%5Bdate%5D=10%2F02%2F2026
Underlying construction-defect complaint — Jefferson County District Court, filed November 11, 2019; copy hosted by counsel:
https://kerranestorz.com/uploads/content/00685795.PDF
Summary-judgment order — District of Colorado, Filing 99; court document mirrored by Justia:
1:2023cv00727/223094/99" rel="nofollow">https://docs.justia.com/cases/federal/district-courts/colorado/codce/1:2023cv00727/223094/99
Appeal and counsel appearances — court docket mirrored by Justia:
https://dockets.justia.com/docket/circuit-courts/ca10/25-1448
Filed amicus brief — United Policyholders and supporting organizations, March 9, 2026:
https://uphelp.org/wp-content/uploads/2026/04/Second-Green-Mountain-Amicus-Brief.pdf
Nunn v. Mid-Century — Colorado Supreme Court opinion, mirrored by Justia:
https://law.justia.com/cases/colorado/supreme-court/2011/09sc195.html
Colorado insurance statutes — General Assembly, Title 10, Sections 10-3-1115 and 10-3-1116:
https://olls.info/crs/crs2025-title-10.pdf
Gary Kull — Kennedys official lawyer profile:
https://www.kennedyslaw.com/en/our-people/people/new-jersey/gary-kull/
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