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CAROLINA CAS. INS. CO. v. PINNACOL ASSUR.

No. 02-1512.

425 F.3d 921 (2005)

CAROLINA CASUALTY INSURANCE COMPANY and Denver C. Fox, Plaintiffs-Appellants, v. PINNACOL ASSURANCE, Defendant-Appellee, American Association of People with Disabilities; The Arc in Jefferson County; The Arc of Adams County, Inc.; The Arc of Arapahoe and Douglas Counties; The Arc of Colorado-Advocating for People with Developmental Disabilities; Arc of Denver, Inc.; The Arc of the United States; Association for Community Living in Boulder County; The Association for Persons in Supported Employment; Bazelon Center for Mental Health Law; Cerebral Palsy of Colorado; Colorado Cross-Disability Coalition; Disability Rights Education and Defense Fund, Inc; Disability Rights Action Committee; Employment Link; National Association of Protection and Advocacy Systems; Self-Advocates Becoming Empowered, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

October 7, 2005.

Attorney(s) appearing for the Case

Timothy P. Fox (Amy F. Robertson, with him on the briefs), of Fox & Robertson, P.C., Denver, CO, for Plaintiffs-Appellants.

David R. DeMuro, of Vaughan & DeMuro, Denver, CO, (Lana L. Steven, of Vaughan & DeMuro, Denver, CO, and Michael J. Steiner, General Counsel, Pinnacol Assurance, Denver, CO, with him on the brief), for Defendant-Appellee.

Kevin W. Williams, Legal Program Director, Colorado Cross-Disability Coalition, Denver, CO; Michael W. Breeskin, Counsel, Arc of Denver, Inc., Denver, CO; Richard F. Armknecht, III, of Armknecht & Cowdell, P.C., Lindon, UT, on the brief for Amici Curiae.

Before HARTZ, McKAY, and O'BRIEN, Circuit Judges.

HARTZ, Circuit Judge.

This dispute arises out of a 1998 claim by a mentally disabled person, Jeremy Dymowski, against Rocky Mountain Job Opportunity Brigade (RMJOB), which had engaged him on a church clean-up crew. After he was injured at work, Mr. Dymowski, rather than bringing a workers' compensation claim, sued RMJOB in tort. Plaintiff Carolina Casualty Insurance Co. was RMJOB's general liability insurer. It settled with Mr. Dymowski, but only after RMJOB had unsuccessfully...

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