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ALLSTATE INS. CO. v. STARKE

No. 88SC581.

797 P.2d 14 (1990)

ALLSTATE INSURANCE COMPANY, Petitioner, v. William R. STARKE; Jeffrey Glen Starke; Clifton Gregory Starke; Kate Josephine Starke; Matthew Martin Starke, a Minor Through his Parent and Guardian, William R. Starke; Andrew William Starke, a Minor Through his Parent and Guardian, William R. Starke; and William R. Starke, as Personal Representative of the Estate of Mary Kay Starke, Respondents.

Supreme Court of Colorado.

September 10, 1990.

Attorney(s) appearing for the Case

Zupkus & Ayd, P.C., Robert A. Zupkus and L. Kirk Leggott, Denver, for petitioner.

Law Offices of Daniel W. Dean, Daniel W. Dean, Fort Collins, for respondents.

Creamer and Seaman, P.C., Thomas J. Seaman, Denver, for amicus curiae, Colorado Defense Lawyers Ass'n.

Justice LOHR delivered the Opinion of the Court.

This case presents the issue of whether Allstate Insurance Company ("Allstate") is obligated under an automobile insurance policy to pay interest accruing prior to judgment on bodily injury damages assessed by a jury against Allstate's insured to the extent that the damages and interest exceed Allstate's policy limit for bodily injury liability. The district court, in a garnishment proceeding seeking to reach sums allegedly...

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