Brendan O. Powers

As with all of the principals of Spies, Powers & Robinson, Brendan Powers has devoted his career to matters involving civil litigation and business regulation. The balance of this practice has emphasized insurance defense matters and complex commercial disputes. Mr. Powers is rated “AV” by the Martindale-Hubbell® Law Directory, a rating reserved to those attorneys recognized by peers for preeminent legal ability and adherence to the highest ethical standards. Mr. Powers has served as lead counsel in state and federal trials involving insurance bad faith, arson, fraud, environmental hazards, personal injury and product liability. His commercial litigation practice focuses upon contract disputes, client ownership, non-competition, trade secrets, business dissolutions and landlord-tenant issues.

Mr. Powers also has developed an expertise in the area of complex insurance coverage analysis. In cultivating this specialty Mr. Powers has supervised claim investigations, taken examinations under oath, authored coverage opinions and advised in all manner of insurance claim determinations. While the bulk of this experience naturally involves fraud and arson in the area of property and casualty insurance, Mr. Powers has been called upon to resolve questions concerning errors and omissions, business losses, fidelity bonds, forgery claims, excess and umbrella coverages, theft losses, product failure and automobile claims. He has acted as a consulting expert, including the post-litigation defense of claim denials with attendant allegations of bad faith. Mr. Powers is a frequent lecturer on these topics throughout the insurance community.

Areas of Practice

Complex Commercial Litigation
First and Third Party Insurance Defense
Insurance Coverage
Misrepresentation, Fraud and Arson
Appellate Advocacy
Employment Law
Trade Secrets and Non-competition Agreements


J.D., University of Denver College of Law
B.A., Indiana University, Journalism and History

Admissions and Professional Affiliations

Admitted to all Colorado State Courts
Admitted to U.S. District Court of Colorado
Admitted to 10th Circuit Court of Appeals
Admitted to all Alaska State Courts
Admitted to the U.S. District Court of Alaska
Admitted to the Ninth Circuit Court of Appeals
Member, Colorado, Alaska, Denver Bar Associations
Member, Colorado Defense Lawyers Association
Member, Defense Research Institute

“AV” rated by Martindale Hubbell®

Classes/Seminars Taught

CLE Instructor, Proving Damages Caused By Mold Infestation, National Business Institute, Colorado Bar Association (Sept. 2007)

CLE Instructor, An In-Depth Analysis of Insurance Coverage Options in Colorado, National Business Institute, Colorado Bar Association CLE (Oct. 2005)

CLE Instructor, Construction Defects and Insurance Coverage in Colorado, Lorman Education Services, Colorado Bar Association CLE (May 2004)

CLE Instructor, Discovery in Colorado Bad Faith Litigation, National Business Institute, Colorado Bar Association CLE (Sept. 2004)

CLE Instructor, Insurance Law: Third Party Coverage in Colorado, National Business Institute, Colorado Bar Association CLE (March, 2003)

CLE Instructor, Consumer Protection Act, Treble Damages and its Applicability to Insurers, Colorado Defense Lawyers Association Annual Seminar, Colorado Bar Association CLE (Aug. 2002)

CLE Instructor, Using Insurance Compliance to Guard Against Fraud in Colorado, National Business Institute (2002)

Instructor, 2003 CDLA Trial Academy, Colorado Defense Lawyers Association
CGL Coverage and Construction Defect Litigation in Colorado, Seminar presented to various insurers

Learning to Love Public Adjusters, Seminar presented to various insurers

Statement Techniques, Seminar presented to various insurers

Accountants’ Service In Insurance Claims and Claims Adjustment, Seminar presented to various insurers

The Use of Independent Counsel in Large Property Loss Claims and Litigation, Seminar presented to various insurers

Publications & Published Cases

Constitution Associates: Approval of the Use of Anticipatory Declaratory Judgment Actions, 26 Colorado Lawyer 93 (Aug. 1997)

Marine Oil Pollution Regulations Governing Vessels Operating in Alaska Waters for Executive Enterprises , Inc.’s Environmental Regulations Course, April, 1991

Showpiece Homes Corp. v. Assurance Company of America, 38 P.3d 47 (Colo. 2001)

Globe Indemnity Co. v. Travelers Indemnity Company of Illinois, 98 P.3d 971 (Colo. App. 2004)

Novell v. American Guarantee and Liability Insurance Co., 15 P.3d 775 (Colo. App. 1999)