Bayly, Martin & Fay, Inc. v. Pete's Satire, Inc.

QUINN, Chief Justice.

In Pete’s Satire, Inc. v. Commercial Union Insurance Co., 698 P.2d 1388 (Colo. App.1985), the court of appeals affirmed a declaratory judgment in favor of a bar and restaurant owner against an insurance brokerage firm and its representative for negligently failing to procure insurance coverage which included protection against risks relating to the consumption of alcoholic beverages on the premises by customers. The court of appeals acknowledged that a plaintiff-owner has the burden of proving by a preponderance of the evidence that insurance for the specific risk could…