STATE FARM MUT. AUTO. INS. CO. v. BREKKE

No. 03SC585, 03SC719.

105 P.3d 177 (2004)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. Gloria J. BREKKE, Respondent. State Farm Mutual Automobile Insurance Company, Petitioner, v. Clinton Shaffer and Laura Shaffer, Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing January 31, 2005.


Attorney(s) appearing for the Case

Faegre & Benson, LLP, Michael S. McCarthy, Marie E. Williams, Denver, for State Farm Mutual Automobile Insurance Company.

Gradisar, Trechter, Ripperger, Roth & Croshal, James M. Croshal, Pueblo, for Gloria Brekke.

William Muhr, LLP, William Muhr, David A. Harper, Colorado Springs, for Clinton & Laura Shaffer.

Seaman, Giometti & Murphy, P.C., Gregory R. Giometti, Denver, David S. Cantor, Esq., Littleton, for Amicus Curiae Colorado Defense Lawyers Association.

Roberts, Levin & Patterson, P.C., Bradley A. Levin, Laura E. Schwartz, Denver, for Amicus Curiae Colorado Trial Lawyers Association.


MARTINEZ, Justice.

In this opinion, we consolidate and address the appeals from two court of appeals' decisions, Brekke v. State Farm Mut. Auto. Ins. Co., 81 P.3d 1101 (Colo.App.2003), and an unpublished case, Shaffer v. State Farm Mut. Auto. Ins. Co., No. 02CA2274, 2003 WL 22113741 (Colo.App. Sept. 11, 2003). We consider how an insurance provider may participate in tort litigation between its insureds and uninsured...

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