Old Republic National Title Insurance v. Kornegay 2012COA140 (August 16, 2012)

“Fool me once, shame on you, fool me twice shame on me.” In this case, a title insurance company (Title) took this advice to heart. Fearing an alleged money-laundering fraudster (Kornegay) would hide or transfer his assets once served with a complaint, Title obtained a prejudgment attachment of assets. Kornegay allegedly caused Title to pay its insured. The court of appeals rejected numerous objections raised by Kornegay challenging compliance with CRCP 102 (which authorizes prejudgment writs of attachment): 1) although Title was not domiciled or a citizen of Colorado, it was a “resident” for purposes of CRCP 102; 2) the trial court could set bond at $0; 3) a private server may serve notice of levy and execute writs; 3) a traverse cannot be a denial on information and belief; and 4) a vague statement of intent to occupy a home in the future does not support a homestead exemption claim.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA2248-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8626&courtid=1

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