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Eugene Sprague

Of Counsel

Spencer Fane attorney Eugene Sprague square

T 303.592.8327
F 303.839.3838
esprague@spencerfane.com


Eugene M. Sprague continually demonstrates excellence not only in legal acumen, but also in client service. Gene’s practice spans a wide array of commercial, real estate, insurance and non-profit litigation in both state and federal courts. His litigation and appellate experience includes cases involving business disputes, construction defects, real estate development, intellectual property, fiduciary duties, insurance coverage and ERISA.

He represents self-insurance pools regarding regulatory compliance issues, coverage opinions, the drafting of insuring agreements, and reinsurance disputes. He has also represented numerous financial institutions in Colorado in the negotiation of regulatory agreements, mergers and acquisitions, change of control, and commercial law issues arising from the daily operations of banks and credit unions.

Highlights of Eugene’s experience includes:

  • In a case of first impression, obtained a judgment of the Colorado Court of Appeals that negligence and strict products liability claims against a manufacturer of pre-stressed concrete products used in the construction of a parking garage were barred by the construction defect statute of repose.
  • Successfully represented a self-insurance pool which provides general liability and property insurance to school districts in insurance coverage litigation to compel Lloyd’s of London reinsurance syndicates to pay substantial amounts due under reinsurance agreements with the pool.
  • Represented a credit union in a suit against the United States for the refund of unrelated business income taxes paid on income from direct and indirect lending programs and on royalty income from AD&D insurance; the court held that the credit union was not liable for the tax.

Published Opinions

  • Lawless v. Std. Ins. Co., 338 P.3d 398 (Colo. App. 2013), cert. denied (Colo. S. Ct., August 18, 2014)
  • Bellco Credit Union v. United States, 735 F. Supp. 2d 1286 (D. Colo.2010)
  • Myers v. Alliance for Affordable Servs., 318 F. Supp. 2d 1055 (D. Colo. 2004), aff’d, 371 Fed. Appx. 950 (10th Cir. 2010)
  • Two Denver Highlands Ltd. Liab. Ltd. Pshp. v. Stanley Structures, Inc., 12 P.3d 819 (Colo. App. 2000), cert. denied (Colo. S. Ct. 2000)
  • Submission of Interrogatories on House Bill 99-1325, 979 P.2d 549 (Colo. 1999)
  • Wagg v. Hamm, 10 F. Supp. 2d 1191 (D. Colo. 1998)
  • China Nuclear Energy Indus. Corp. v. Arthur Andersen, LLP, 11 F. Supp. 2d 1256 (D. Colo. 1998)

Presentations

  • Settlements & Judgment: Taxability and 1099 Reporting Requirements for Pools, Association of Governmental Risk Pools (AGRIP), Spring Conference 2011, Clearwater, Florida
  • Doing Good the Wrong Way: Legal and Practical Issues Relating to Volunteers, Association of Governmental Risk Pools (AGRIP), Spring Conference 2010, Irvine, California
  • Reinsurance Arbitration, Public Risk Management Association (PRIMA), May 2002, San Antonio, Texas

Memberships

  • Arapahoe County Bar Association
  • Colorado Bar Association

Distinctions

  • Peer Review Rated AV® Preeminent™ 5.0 out of 5 from Martindale-Hubbell

Contact Eugene Sprague at 303.592.8327 or esprague@spencerfane.com.

Click here to connect with Eugene on LinkedIn.