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DOUGLASS v. HARTFORD INS. CO.

No. 78-1616.

602 F.2d 934 (1979)

Orville DOUGLASS and Wilma Douglass, Plaintiffs-Appellees, v. HARTFORD INSURANCE COMPANY, a Connecticut Insurance Corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided August 7, 1979.

Attorney(s) appearing for the Case

Jerry A. Retherford and L. Dan Rector, of Rector, Retherford, Mullen & Johnson, Colorado Springs, Colo., for defendant-appellant.

Richard W. Laugesen, Jr., of DeMoulin, Anderson, Campbell & Laugesen, Denver, Colo., for plaintiffs-appellees.

Before DOYLE, McKAY and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

This is an appeal by the Hartford Insurance Company (Hartford) from a district court judgment holding Hartford had the duty under one of its homeowner policies to defend the insured against a negligent entrustment suit. Jurisdiction is based upon diversity of citizenship and the Federal Declaratory Judgment Act, 28 U.S.C. § 2201.

We must decide whether Colorado would recognize negligent entrustment as an actionable tort, and whether...

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