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TRANSAMERICA PREMIER v. BRIGHTON SCHOOL

No. 96SC227.

940 P.2d 348 (1997)

TRANSAMERICA PREMIER INSURANCE COMPANY, n/k/a TIG Premier Insurance Company, Petitioner, v. BRIGHTON SCHOOL DISTRICT 27J, a political subdivision of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 4, 1997.

Attorney(s) appearing for the Case

Quiat, Schlueter, Mahoney & Ross, P.C., Laurin D. Quiat, Denver, for Petitioner.

Miller, DeLay & Crabb, P.C., Thomas S. Crabb, Pauline A. Brock, Westminster, for Respondent.

Chief Justice VOLLACK delivered the opinion of the court.

We granted certiorari to review the court of appeals decision in Brighton School District 27J v. Transamerica Premier Insurance Co., 923 P.2d 328 (Colo.App.1996), to determine whether Colorado recognizes the existence of a common law tort claim against a commercial surety who fails to reasonably proceed with the payment of a claim under a performance bond. The court...

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