RAINS v. KOLBERG MFG. CORP.

No. 93CA1863.

897 P.2d 845 (1994)

Mark RAINS and Debby Rains, Plaintiffs-Appellees, and Aetna Casualty & Surety Co., a Connecticut corporation, Intervenor-Appellant, v. KOLBERG MANUFACTURING CORP., a subsidiary of Portec, Inc., Defendant.

Colorado Court of Appeals, Div. III.

Rehearing Denied November 17, 1994.

Certiorari Denied June 19, 1995.


Attorney(s) appearing for the Case

Sears, Anderson & Swanson, P.C., Victoria C. Swanson, Colorado Springs, for plaintiffs-appellees.

James R. Florey, Jr., Gina Carter, Englewood, for intervenor-appellant.


Opinion by Judge KAPELKE.

Defendant, Aetna Casualty and Surety Company, appeals from the summary judgment entered by the trial court determining that Aetna had no subrogation claim to settlement proceeds to be paid by a third-party tortfeasor to Debby Rains, the wife of Mark Rains (claimant), Aetna's insured under a workers' compensation policy. We reverse and remand for further proceedings.

In October 1989, claimant suffered an industrial injury. He thereafter...

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