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MARQUEZ v. PRUDENTIAL PROPERTY & CAS. INS.

No. C-1792.

620 P.2d 29 (1980)

Johnnie E. MARQUEZ, Petitioner, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, Respondent, and American Standard Insurance Company of Wisconsin, Defendant.

Supreme Court of Colorado.

November 26, 1980.

Attorney(s) appearing for the Case

Norton Frickey & Associates, Dan W. Corson, Denver, for petitioner.

Burnett, Horan & Hilgers, Mike Hilgers, Denver, for respondent.

Joel H. Greenstein, Boulder, Branney & Hillyard, Neil A. Hillyard, Englewood, for amicus curiae, Colorado Trial Lawyers Association.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Sandra B. McCray, Asst. Atty. Gen., Denver, for amicus curiae, J. Richard Barnes, Ins. Com'r.

ERICKSON, Justice.

We granted certiorari to review Marquez v. Prudential Property & Casualty Insurance Company, 41 Colo.App. 478, 590 P.2d 75 (1978). We reverse the court of appeals and return this case with directions that the cause be remanded to the district court for the entry of a declaratory judgment in favor of the plaintiff, Johnnie E. Marquez.

The parties stipulated to the facts which provide the foundation...

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