Daniel M. Fowler

Background

Daniel M. Fowler was born in Chicago, Illinois. After graduating from Monmouth College with a Bachelor of Arts in Economics he studied at the University of Denver College of Law and received his J.D. in 1974. During his law school years he was invited to join the University’s Denver Law Journal and became an Associate Editor.

Dan started his professional career at Wood, Ris & Hames, P.C. in Denver as a student law clerk. He was an associate at that firm and became a shareholder. In April 1987 he founded what is now Fowler | Schimberg | Flanagan | McLetchie, P.C. with Tim Schimberg.

His areas of practice are civil litigation and general representation in commercial, construction, transportation, and personal injury matters for private and public sector clients. His experience includes construction site accidents; heavy and highway equipment liability; heavy truck, common carrier, premises liability, and recreational risk litigation.

Dan is a member of the American, Colorado, and Denver Bar Associations, as well as the Colorado Defense Lawyer’s Association and the Defense Research Institute. He is a member of the Federation of Defense and Corporate Counsel as well as multiple association committees and sections for the construction industry.

Dan enjoys sharing his passions for boating, motorcycling, golfing, and skiing with his wife; has two wonderful adult sons and is proud grandfather of one granddaughter.

Notable Cases

A.C. Excavating v. Yacht Club II Homeowners Ass’n, 114 P.3d 862, (Colo. 2005)
Allsup’s Convenience Stores, Inc. v. North River Ins. Co., 976 P.2d 1 (N.M. 1998)
Anderson Highway Signs & Supply, Inc. v. Close, 6 P.3d 123 (Wyo. 2000)
Aspen Orthopaedics & Sports Med., L.L.C. v. Aspen Valley Hosp. Dist., 353 F.3d 832 (D.Colo. 2003)
Carr v. Fort Morgan School Dist., 4 F.Supp. 2d 989 (D.Colo. 1998)
Centric Corp. v. Drake Bldg. Corp., 726 P.2d 1047 (Wyo. 1986)
CF&I Steel, L.P. v. TIC-The Industrial Company, 97 CA 125 (Colo. Ct. App. 1998) (not selected for official publication)
Colorado Seal and Stripe, Inc. v. W.O. Danielson Construction Co., Ltd., 89 CA 0611 (Colo. App. 1990) (not selected for official publication)
Eagle Ridge Condo. Ass’n v. Metro. Builders, Inc., 98 P.3d 915 (Colo. Ct. App. 2004)
East Lakewood Sanitation Dist. v. District Court In and For County of Jefferson, 842 P.2d 233 (Colo. 1992)
Eklund v. Safeco Ins. Co., 579 P.2d 1185 (Colo. Ct. App. 1978)
Estate of Binford v. Gibson, 839 P.2d 508 (Colo. Ct. App. 1992)
Ferla v. Infinity Dev. Assocs., LLC, 107 P.3d 1006 (Colo. Ct. App. 2004)
Freiberg v. Swinerton & Walberg Property Services, Inc., 245 F.Supp. 2d 1144 (D.Colo. 2002)
Hartford Fire Ins. Co. v. Public Service Co. of Colorado, 676 P.2d 25 (Colo. Ct. App. 1983)
Hartman v. Cmty. Responsibility Ctr., Inc., 87 P.3d 202 (Colo. Ct. App. 2003)
Hartman v. Cmty. Responsibility Ctr., Inc., 87 P.3d 254 (Colo. Ct. App. 2004) Costs and fees proceeding.
Jensen v. Fremont Motors Cody, 58 P.3d 322 (Wyo. 2002)
Johnston v. Amsted Industries, Inc., 830 P.2d 1141 (Colo. Ct. App. 1992)
Lipira v. City of Thornton, 585 P.2d 932 (Colo. Ct. App. 1978)
Mariani v. Rocky Mountain Hosp. and Medical Service, 902 P.2d 429, (Colo. Ct. App. 1994)
May v. Women’s Bank, N.A., 807 P.2d 1145, (Colo. 1991)
McGrath v. Cent. Masonry Corp., 276 Fed. Appx. 797 (10th Cir. 2008)
Moore v. Middlebrook, 96 Fed. Appx. 634 (10th Cir. Colo. 2004)
N.E., Inc. v. Iliff & Monaco Associates, L.P., 890 P.2d 146 (Colo. Ct. App. 1994)
Park Rise Homeowners Ass’n v. Resource Constr. Co., 155 P.3d 427 (Colo. Ct. App. 2006)
Public Service Co. of Colorado v. Continental Cas. Co., 26 F.3d 1508 (10th Cir. Colo. 1994)
Rocky Mountain Hosp. and Medical Service v. Mariani, 916 P.2d 519 (Colo. 1996)
Roth v. Green, 123 Fed. Appx. 871 (10th Cir. Colo. 2005)
Roth v. Green, 466 F.3d 1179 (10th Cir. Colo. 2006)
Shaw v. Sargent Sch. Dist. No. RE-33-J, 21 P.3d 446 (Colo. Ct. App. 2001)
Shorez v. City of Dacono, Colo., 574 F.Supp. 130 (D.Colo. 1983)
Simon v. Truck Ins. Exchange, 757 P.2d 1123 (Colo. Ct. App. 1988)
Smith v. C.R.C. Builders Co., Inc., 626 F.Supp. 12 (D.Colo. 1983)
TerraMatrix, Inc. v. U.S. Fire Ins. Co., 939 P.2d 483 (Colo. Ct. App. 1997)
Tynan’s Nissan, Inc. v. American Hardware Mut. Ins. Co., 917 P.2d 321 (Colo. Ct. App. 1995)
United States Fire Ins. Co. v. HC-Rockrimmon, L.L.C., 190 F.R.D. 575 (D.Colo. 1999)
Upah v. Thornton Development Authority, 632 F.Supp. 1279 (D.Colo. 1986)
Yacht Club II Homeowners Ass’n v. A.C. Excavating, 94 P.3d 1177 (Colo. Ct. App. 2003)

Practice Areas

Civil litigation including complex tort and commercial
Government/school
Employment
Construction matters including general representation and defect, claims, delay, and accident litigation for general contractors, sub and specialty contractors, design professionals and project owners
First- and third-party insurance matters

Education

University of Denver College of Law, Juris Doctor, December 1974
- Associate Editor, Denver Law Journal; Order of St. Ives (scholastic honorary)
Monmouth College, Monmouth, Illinois, Bachelor of Arts in Economics, cum laude, March 1972
- Sigma Omicron Mu (upperclass scholastic honorary); Blue Key National Honor Fraternity (service honorary)

Bar Admission

State of Colorado
United States District Court for the District of Colorado
United States Court of Appeals for the Tenth Circuit
United States District Court for the District of Arizona
State of Wyoming
United States District Court for the District of Wyoming

Professional Organizations

American Bar Association
Colorado Bar Association
Denver Bar Association
Defense Research Institute
Colorado Defense Lawyers Association
Federation of Insurance and Corporate Counsel
CBA Construction Law Committee
DRI Construction Law Committee
American Institute of Architects/Associate Member
AGC of Colorado/Associate Member