PETERSON v. KESTER

No. 88CA0937.

791 P.2d 1185 (1989)

Thomas L. PETERSON, Plaintiff, and CNA Insurance Companies, Plaintiff-Appellant, v. Steven L. KESTER, Defendant-Appellee.

Colorado Court of Appeals, Div. V.

Rehearing Denied January 25, 1990.

Certiorari Denied May 14, 1990.


Attorney(s) appearing for the Case

Stuart G. Barr, P.C., Stuart G. Barr, Denver, for plaintiff-appellant.

Zimmerman & Schwartz, P.C., J. Gregory Morrell, Denver, for defendant-appellee.


Opinion by Judge DUBOFSKY.

The issue in this case is whether a workmen's compensation carrier seeking to enforce its statutory right of subrogation is subject to the bar against tort recovery for direct benefits contained in the Colorado Auto Accident Reparations Act, § 10-4-701, et seq., C.R.S. (1987 Repl. Vol. 4A) (the No-Fault Act). The district court entered summary judgment against the carrier, CNA Insurance Companies (CNA), finding that the No-Fault Act...

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