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MAREZ v. DAIRYLAND INS. CO.

No. 79SC267.

638 P.2d 286 (1981)

Emiliano MAREZ, Valentine Marez as Special Administrator of the Estate of James Marez, Deceased, Bernadette Valdez, and Julia Valdez, a/k/a Julia Valdez Montoya, Petitioners, v. DAIRYLAND INSURANCE COMPANY, a Wisconsin corporation, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 11, 1982.

Attorney(s) appearing for the Case

Frye & Sawaya, Richard B. Rose, Michael G. Sawaya, Denver, for petitioners Emiliano Marez and Valentine Marez as Special Administrator of the Estate of James Marez, Deceased.

Marilyn T. Meadoff, Denver, for petitioners Bernadette Valdez and Julia Valdez, a/k/a Julia Valdez Montoya.

Pryor, Carney & Johnson, Irving G. Johnson, Thomas L. Roberts, Englewood, for respondent.

Irvin M. Kent, Denver, for amicus curiae Colo. Trial Lawyers Ass'n.

LEE, Justice.

We granted certiorari to review the opinion of the court of appeals in Dairyland Insurance Co. v. Marez, 42 Colo.App. 536, 601 P.2d 353 (1979). We affirm the judgment of the court of appeals.

On September 18, 1973, James Marez was seriously injured when his bicycle collided with an automobile driven by Bernadette Valdez. The automobile was owned by Valdez' mother, Julia Valdez Montoya, and was insured...

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