In a published opinion, the Colorado Court of Appeals held that a district court erred in its denial of a defendant's motion for a directed verdict based on the economic loss rule and stated that the lower court incorrectly relied on two cases—neither of which preclude application of the economic loss rule to bar common law negligence claims involving willful and wanton conduct.

According to the opinion, the defendant, HIVE Construction, appealed the district court's denial of its motion for a directed verdict on a single negligence claim brought by Mid-Century Insurance. HIVE argued that the economic loss rule barred Mid-Century's claim. The district court declined to apply the economic loss rule—citing McWhinney Centerra Lifestyle Center LLC v. Poag & McEwen Lifestyle Centers-Centerra—because Mid-Century alleged HIVE engaged in willful and wanton conduct.