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EMPIRE CAS. v. ST. PAUL FIRE AND MARINE

Nos. 85SC362, 85SC380.

764 P.2d 1191 (1988)

EMPIRE CASUALTY COMPANY, a Corporation, Petitioner, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation, Chicago Insurance Company, a corporation, and Continental Casualty Company, Respondents. CHICAGO INSURANCE COMPANY, a corporation, Petitioner, v. CONTINENTAL CASUALTY COMPANY, Respondent.

Supreme Court of Colorado, En Banc.

Rehearings Denied December 19, 1988.

Attorney(s) appearing for the Case

William DeMoulin, Donald E. Cordova, Larry N. Harris, Cordova, DeMoulin, Harris & Mellon, P.C., Denver, for Empire Cas. Co.

Arthur H. Downey, Kenneth G. Gulley, Downey & Gulley, P.C., Denver, for Chicago Ins. Co.

Thomas L. Roberts, John L. Wheeler, Pryor, Carney and Johnson, P.C., Englewood, for Continental Cas. Co.

MULLARKEY, Justice.

This case involves a dispute among three insurance companies regarding the share each must pay of a $575,000 medical malpractice judgment entered against a physician insured by the three companies. The trial court found multiple acts of negligence by the physician and held that each insurance policy in effect at the time the physician committed any negligent act was responsible for the entire amount of the verdict up to the amount of the policy...

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