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HARRISON v. PINNACOL ASSUR.

No. 02CA1682.

107 P.3d 969 (2004)

Gregory D. HARRISON, Plaintiff-Appellant, v. PINNACOL ASSURANCE, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Certiorari Denied January 31, 2005.

Attorney(s) appearing for the Case

Wilcox & Ogden, P.C., Ralph Ogden, Denver, Colorado, for Plaintiff-Appellant.

Ruegsegger Thomas, L.L.C., Charles M. Pratt, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge WEBB.

In this C.R.C.P. 57 action for a declaratory judgment against defendant, Pinnacol Assurance, the insurer in an underlying workers' compensation case, plaintiff, Gregory D. Harrison (claimant), appeals the judgment of dismissal. Claimant's action sought apportionment between economic and noneconomic damages of monies obtained in settlement of a separate tort action against the third party responsible for the industrial accident. We affirm.

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