Rule 252.10 - Eligible Claims(a) A Request for Claim will be eligible for review on the merits by the Board only after it meets the following eligibility criteria: (1) the Request for Claim must allege a pecuniary loss arising out of and by reason of an attorney-client relationship or a court-appointed fiduciary relationship between the Respondent Attorney and the Claimant;(2) the pecuniary loss alleged in the Request for Claim must be caused by: (a) the dishonest conduct of the Respondent Attorney; or(b) due to the death or disability of the Respondent Attorney; or(c) due to the Respondent Attorney's inability to respond, and there is insufficient evidence to substantiate the work done by the Respondent Attorney; (3) the Request for Claim must be filed no later than three years after the Claimant knew or should have known of the conduct of the Respondent Attorney;(4) the Request for Claim cannot be the result of circumstances that are excluded for review under subsection (b) of these rules.(b) Except as provided by section (c) of this rule, the following Requests for Claim will not be eligible:(1) A Request for Claim where the Claimant is the spouse, child, parent, grandparent, sibling, law or business partner, or employee of the Respondent Attorney causing the pecuniary loss;(2) A Request for Claim where the pecuniary loss to the Claimant is covered by any bond, surety agreement, or qualifying insurance policy, including any loss to which any bonding agent, surety or insurer is subrogated, to the extent of that subrogated interest;(3) A Request for Claim where the pecuniary loss is incurred by any financial institution which are recoverable under a "banker's blanket bond" or similar commonly available insurance or surety contract, whether or not subrogated;(4) A Request for Claim where the pecuniary loss is incurred by any business entity controlled by the Respondent Attorney, whether or not subrogated;(5) A Request for Claim where the pecuniary loss is incurred by any governmental entity or agency, whether or not subrogated;(6) A Request for Claim where the pecuniary loss is arising from the activities of an attorney not practicing in Colorado or whose dishonest conduct does not have substantial contacts with Colorado; or(7) A Request for Claim where the pecuniary loss is the interest on the loss, deprivation of use of funds or property, opportunity costs, or any other type of consequential damages or punitive damages or costs.(c) In cases of extreme hardship or special and unusual circumstances, the Board may, in its sole discretion, recognize a Claim that would otherwise be excluded under these rules.(d) In cases in which it appears that there will be unjust enrichment or multiple recovery or the Claimant contributed or participated in the loss or dishonest conduct, the Board may, in its sole discretion, deny the Claim.Source: Added and adopted June 25, 1998, effective 1/1/1999; amended and adopted October 4, 2018, effective 10/4/2018; amended and adopted by the Court, En Banc, June 15, 2023, effective 9/1/2023.