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BENHAM v. PRYKE

No. 80CA0926.

636 P.2d 1339 (1981)

Robert S. BENHAM, as Receiver of Manufacturers and Wholesalers Indemnity Exchange, Plaintiff-Appellant, v. John William PRYKE, as lead Underwriter, personally, and as representative of those certain Underwriters at Lloyd's London, Under Lloyd's Policies No. FTL001623 and FTL00945 and Cover Notes U73167A and U73167B; and Excess Insurance Company, Ltd., Defendants-Appellees, and Taubert Wood Industries, Inc., a Tennessee corporation; Motor Rentals, Inc., a Missouri corporation; Evel Knievel d/b/a Evel Knievel Enterprises; and Big M Oilfield Service, Inc., a Montana corporation, Intervenors.

Colorado Court of Appeals, Div. II.

October 29, 1981.

Attorney(s) appearing for the Case

Holmes & Starr, Kenneth L. Starr, Sidney DeLong, Denver, for plaintiff-appellant.

Kenneth C. Groves, Denver, for defendants-appellees.

PIERCE, Judge.

Plaintiff, the receiver of Manufacturers and Wholesalers Indemnity Exchange (M&W), appeals a dismissal for failure to state a claim for relief granted in favor of defendants underwriters of Lloyd's of London (the reinsurers). This is an action to recover proceeds allegedly due under assessment liability reinsurance policies issued by the reinsurers to some former subscribers of M&W. We reverse.

M&W was an interinsurance exchange...

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