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Colorado Supreme Court to Decide Insurance Disclosure Deadline and Parole Officer Body Camera Rules

The Colorado Supreme Court will resolve a split over how long policyholders have to sue auto insurers for withholding policy information, and it has intervened in a criminal case to determine whether parole officers must wear body cameras during warrantless home entries.

Colorado Supreme Court to Decide Insurance Disclosure Deadline and Parole Officer Body Camera Rules

The Colorado Supreme Court announced Monday it will decide a closely watched question about how much time plaintiffs have to sue auto insurers for failing to disclose policy information, and the justices have also stepped into a criminal case to settle whether state parole officers are bound by Colorado's body-worn camera mandate.

The insurance case, State Farm Mutual Automobile Insurance Company v. Weatherill et al., stems from a December 2020 crash involving Joshua and Wendy Weatherill. The following month, their attorney asked State Farm for the at-fault driver's policy information under a 2019 state law that requires insurers to disclose policies within 30 days of a request when the policy is or may be relevant to a claim. Companies that withhold information past the deadline face a $100-per-day penalty.

State Farm disclosed one policy eight days later but did not respond to a follow-up inquiry. The Weatherills sued the at-fault driver the next year and only in October 2022 learned that the driver carried a second policy with much higher limits. They then sued State Farm, saying they had asked for all known policies, including excess or umbrella coverage, and had no reason to suspect information was being withheld.

State Farm moved to dismiss, arguing the lawsuit came after the one-year statute of limitations for penalties. Denver District Court Judge Jill D. Dorancy sided with the company, even while acknowledging the Weatherills did not know about the second policy.

A three-judge Court of Appeals panel later broke with an earlier appellate ruling, Reynolds v. Great Northern Insurance Company, which had confirmed the one-year window. Judge Elizabeth L. Harris wrote that the one-year limit did not apply because the consequence for nondisclosure lacked the hallmarks of a penalty. The damages are not a fine imposed by the state, she wrote, and there is no determination of overpayment or delinquency for which such penalties are assessed. That meant the default two-year statute of limitations governed, and the Weatherills filed within it.

State Farm asked the Supreme Court to resolve what its attorneys called a hopeless conflict among appellate opinions over the type of liability imposed on insurers, the applicable limitations period and when a claim accrues. The Weatherills responded that if the court took the case, it should affirm their panel's reasoning and reject Reynolds.

The court's second matter, People v. Mobley, began in April 2025 when eight community parole officers arrived at Rodney Mobley's Colorado Springs home for an inspection based on information that he allegedly had a firearm in violation of his parole conditions. After Mobley did not answer their knocks, the officers broke open the door and found him just out of the shower. They handcuffed him, and one officer took him outside to read him his Miranda rights. Mobley acknowledged there was a pill bottle containing fentanyl in his truck. Officers inside the home found a loaded gun and additional narcotics, and El Paso County prosecutors charged him with illegal drug and weapons possession.

The defense moved to suppress the evidence, arguing among other things that parole officers must notify local law enforcement of their operations and that Colorado law requires peace officers to wear and activate body-worn cameras. District Court Judge Hilary Gurney agreed that the evidence was unlawfully obtained. She acknowledged that parole officers generally are not obligated to wear body cameras and noted a non-precedent-setting Court of Appeals decision earlier this year concluding that parole officers, as employees of the Colorado Department of Corrections, were exempt because the law covers peace officers employed by the State Patrol or a political subdivision of the state.

Gurney instead looked to other provisions of Colorado law that include parole officers in the definition of peace officer, including one requiring body camera use when an officer makes a warrantless entry into a dwelling whose occupants are unaware law enforcement is present. In a Sept. 15 order, she wrote that such entries create a stressful and chaotic situation for everyone involved and that the General Assembly clearly intended to expand body camera requirements to all peace officers in those circumstances.

Because there was no video footage, Gurney applied the law's consequence of presuming officers committed misconduct. Finding insufficient evidence to rebut that presumption, she barred the evidence from the home visit. She also determined the officers failed to comply with the local law enforcement notification requirement.

The prosecution appealed immediately, arguing that community parole officers are not employees of a political subdivision and that the statute requires local law enforcement agencies to provide cameras for their own peace officers, not every entity that employs peace officers. The district attorney's office also noted that Mobley's parole officer briefly testified she contacted dispatch before the visit, which arguably satisfied the notification requirement. The Supreme Court has directed Mobley to explain why it should not reverse Gurney's order.

The cases carry significant implications for Colorado drivers seeking full disclosure of insurance coverage after a crash and for how far the state's body camera mandate reaches into parole operations. The court's decisions will shape the legal landscape for both insurers and law enforcement accountability in communities across the state.

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