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BENHAM v. PRYKE

No. 85SC197.

744 P.2d 67 (1987)

Robert S. BENHAM, as Receiver of Manufacturers and Wholesalers Indemnity Exchange, Petitioner, v. John William PRYKE, as Lead Underwriter, personally and as Representative of those certain Underwriters at Lloyd's of London, Under Lloyd's Policies No. FTL001623 and FTL00945 and Cover Notes U73167A and U73167B; and Excess Insurance Co., Ltd., Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 2, 1987.

Attorney(s) appearing for the Case

Holmes & Starr, P.C., Kenneth L. Starr, Sidney W. DeLong, Denver, for petitioner.

Kenneth C. Groves, Philip A. Rouse, Jr., Denver, for respondents.

VOLLACK, Justice.

We granted certiorari to review the court of appeals' decision in Benham v. Pryke, 703 P.2d 644 (Colo.App.1985). The court of appeals held that under a reinsurance agreement, assessment liability coverage was available only for those subscribers with certificates of reinsurance that were valid on February 7, 1977, the date of the court-ordered assessment. We reject this analysis, but affirm the result reached...

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