PROG. SPEC. INS. CO. v. HARTFORD UND. INS. CO.

No. 05CA1161.

148 P.3d 470 (2006)

PROGRESSIVE SPECIALTY INSURANCE COMPANY, Plaintiff-Appellant and Cross-Appellee, v. HARTFORD UNDERWRITERS INSURANCE COMPANY, Defendant-Appellee and Cross-Appellant, and Eric Barnes and Amy M. Barnes, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

October 19, 2006.


Attorney(s) appearing for the Case

Seaman, Giometti & Murphy, P.C., Gregory R. Giometti, Greenwood Village, Colorado, for Plaintiff-Appellant and Cross-Appellee.

Burg Simpson Eldredge Hersh & Jardine, P.C., Diane Vaksdal Smith, Keith Van Doren, Englewood, Colorado, for Defendant-Appellee and Cross-Appellant.

Alan E. Johnson, Durango, Colorado; Shawn E. McDermott, Denver, Colorado, for Defendants-Appellees.


Opinion by Judge FURMAN.

In this declaratory judgment action, plaintiff, Progressive Specialty Insurance Company, and defendant Hartford Underwriters Insurance Company both appeal the trial court's partial summary judgment in favor of defendants Amy M. and Eric Barnes. We affirm in part, reverse in part, and remand.

I. Background

The underlying facts are not in dispute. In November 2002, Anne Marie Glover, a passenger in a motor vehicle, was killed...

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