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GENERAL INS. CO. v. CITY OF COLORADO SPRINGS

No. 80SC139.

638 P.2d 752 (1981)

GENERAL INSURANCE COMPANY OF AMERICA, Safeco Insurance Company of America, Washington corporations; and Mountain States Investment Builders; Gene A. Becker, Individually and as a partner in and d/b/a Mountain States Investment Builders, a partnership; Dick N. Richards, Individually and as a partner in and d/b/a Mountain States Investment Builders, a partnership; and Clyde Skeen, Individually and as a partner in and d/b/a Mountain States Investment Builders; John Does, one through five inclusive, Individually and as a partner in and d/b/a Mountain States Investment Builders, Petitioners, v. CITY OF COLORADO SPRINGS, A municipal corporation, State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 11, 1982.

Attorney(s) appearing for the Case

Cross, Gaddis, Kin & Quicksall, Larry R. Gaddis, Colorado Springs, for all petitioners.

Grant, McHendrie, Haines & Crouse, P. C., Peter J. Crouse, Phyllis Cox, Denver, for petitioners Safeco Insurance Co. and General Insurance Co. of America.

Rector, Retherford, Mullen & Johnson, Jerry A. Retherford, Neil C. Bruce, Colorado Springs, for respondent.

QUINN, Justice.

We granted certiorari to review the decision of the Court of Appeals in City of Colorado Springs v. General Insurance Co., Colo.App., 616 P.2d 147 (1980), which reversed a summary judgment entered in favor of corporate sureties and individual defendants on a surety bond issued pursuant to a municipal ordinance in order to secure a municipal corporation against a subdivision developer's noncompletion of certain...

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