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USF&G v. BUDGET RENT-A-CAR SYSTEMS

No. 90CA1530.

829 P.2d 478 (1991)

UNITED STATES FIDELITY & GUARANTY COMPANY, as Subrogee of Jewish Community Center and Fran Sterling, Plaintiff-Appellee and Cross-Appellant, v. BUDGET RENT-A-CAR SYSTEMS, INC., Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied November 7, 1991.

Certiorari Granted April 27, 1992.

Attorney(s) appearing for the Case

Dickinson, Everstine, Kelly & Prud'Homme, Michelle R. Prud'Homme, Denver, for plaintiff-appellee and cross-appellant.

Cooper & Kelly, P.C., Elizabeth A. Starrs, John R. Mann, Denver, for defendant-appellant and cross-appellee.

Opinion by Judge PIERCE.

Budget Rent-a-Car Systems, Inc., a self-insurer, appeals an order of the trial court which apportioned liability between its policy and a policy by United States Fidelity & Guaranty Company. On cross-appeal, USF & G requests, if the apportionment order is set aside, that we review a previous order of the trial court which enforced the excess provision in Budget's policy rather than declaring...

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