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SOUTH CAROLINA INS. CO. v. FISHER

No. 82CA0322.

698 P.2d 1369 (1984)

SOUTH CAROLINA INSURANCE COMPANY, a foreign corporation authorized to do business in the State of Colorado, Subrogee of Edward W. and Gladys A. Radcliff, Plaintiffs-Appellants, v. Mary K. FISHER, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied November 1, 1984.

Certiorari Denied April 15, 1985.

Attorney(s) appearing for the Case

Hall & Evans, John W. Trueax, Donald D. Page, Alan Epstein, Denver, for plaintiffs-appellants.

Don D. Jacobson, Denver, for defendant-appellee.

KELLY, Judge.

Plaintiff South Carolina Insurance Co. (South Carolina) appeals the trial court's judgment dismissing its action against Mary K. Fisher pursuant to her motion under C.R.C.P. 41(b)(1). We reverse and remand for new trial.

This suit concerns an alleged settlement agreement between South Carolina and Fisher. To demonstrate the existence of the agreement, South Carolina endeavored to prove that it had accepted an offer of settlement made by an attorney...

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