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PROGRESSIVE CAS. INS. CO. v. HERRING

No. 01SA60.

22 P.3d 66 (2001)

In re PROGRESSIVE CASUALTY INSURANCE COMPANY, Plaintiff, v. Loren Kelly HERRING; and Katherine Diane Williams, as Conservator for Nikole Lynne Hoefner and Cassandra Rose Hoefner, Wards, Defendants.

Supreme Court of Colorado, En Banc.

April 23, 2001.

Attorney(s) appearing for the Case

Seaman and Giometti, P.C., Gregory R. Giometti, Karl A. Chambers, Denver, CO, Attorneys for Plaintiff.

John W. Dalton, Buena Vista, CO, Attorney for Defendant Katherine Diane Williams.

PER CURIAM.

In this original proceeding we make our rule to show cause absolute under C.A.R. 21(m). We hold that the trial court abused its discretion in staying the anticipatory declaratory judgment action of Progressive Casualty Insurance Company (Progressive Casualty), in the absence of applying the factors we identified in Constitution Associates v. New Hampshire Insurance Co., 930 P.2d 556, 561 (Colo.1996).

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