FARMERS GROUP, INC., a Nevada corporation; and Mid-Century Insurance Company, a California corporation, Petitioners and Cross-Respondents,
v.
Rodney Paul WILLIAMS and Jo Maria Gatewood, a/k/a/ Jo Maria Gatewood-Williams, individually and as husband and wife, Respondents and Cross-Petitioners.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
February 4, 1991.
Rehearing Denied February 25, 1991.
Attorney(s) appearing for the Case
Hall & Evans, Alan Epstein, Eugene O. Daniels, Arthur R. Karstaedt, Denver, for petitioners/cross-respondents.
Pryor, Carney and Johnson, P.C., Thomas L. Roberts, Englewood, Carol Gilman Ford, Denver, for respondents/cross-petitioners.
Fogel, Keating and Wagner, P.C., Timothy F. Devereux, William L. Keating, Denver, for amicus curiae Colorado Trial Lawyers Ass'n.
Ireland, Stapleton, Pryor & Pascoe, P.C., William G. Imig, Mark W. Williams, Denver, for amicus curiae Nat. Ass'n of Independent Insurers.
Creamer & Seaman, P.C., Thomas J. Seaman, David P. Reiter, Denver, for amicus curiae Colorado Defense Lawyers Ass'n.
Supreme Court of Colorado, En Banc.
Justice ERICKSON delivered the Opinion of the Court.
We granted certiorari to review Williams v. Farmers Insurance Group, Inc.,781 P.2d 156 (Colo.App.1989), which held that section 10-4-708(1), 4A C.R.S. (1987 & 1990 Supp.), did not provide the exclusive remedy against automobile insurers that refuse to pay benefits in bad faith, and that the burden of proving willful and wanton conduct under section 10-4-708(1) was by...
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