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METRO WASTEWATER v. NATIONAL UNION FIRE INS. CO.

No. 03SC846.

105 P.3d 653 (2005)

BOARD OF DIRECTORS, METRO WASTEWATER RECLAMATION DISTRICT, Petitioner, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA (a member company of American International Group, Inc., a Delaware corporation), Respondent-Intervenor.

Supreme Court of Colorado, En Banc.

January 31, 2005.

Attorney(s) appearing for the Case

Inman Flynn Biesterfeld Brentlinger & Moritz, P.C., Richard P. Brentlinger, Joel A. Moritz, Robert J. Thomas, Denver, for Petitioner.

Gibson, Dunn & Crutcher, LLP, Gregory J. Kerwin, Amanda J. Tessar, Denver, for Respondent-Intervenor.

White & Steele, P.C., Sandra L. Spencer, Denver, for Amicus Curiae Complex Insurance Claims Litigation Association.

Robert W. Smith, Denver, for Amici Curiae London Market Insurers.

Perkins Coie LLP, L. Norton Cutler, Stephanie E. Dunn, Brownstein Hyatt & Farber, P.C., Timothy R. Beyer, Benjamin A. Kahn, Denver, for Amicus Curiae United Policyholders.

Justice HOBBS delivered the Opinion of the Court.

Pursuant to C.A.R. 50, we granted certiorari in this case as a companion to Friedland v. The Travelers Indem. Co., No. 03SC681, 105 P.3d 639, 2005 WL 196482 (Colo. Jan. 31, 2005) on the issue of the applicability of the notice-prejudice rule to a liability insurance policy.1

Today we issue our decision in Friedland, in which we apply...

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