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SAFECO INS. CO. v. WESTPORT INS. CORP.

No. 05CA2389.

166 P.3d 251 (2007)

SAFECO INSURANCE COMPANY, Plaintiff-Appellant, v. WESTPORT INSURANCE CORP. and Horace Mann Insurance Company, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

May 31, 2007.

Attorney(s) appearing for the Case

Anstine, Hill, Richards & Simpson, Jeffrey J. Richards, Denver, Colorado, for Plaintiff-Appellant.

James R. Alvillar and Associates, James R. Alvillar, Leila J. Reilly, Grand Junction, Colorado, for Defendant-Appellee Westport Insurance Corp.

Harris, Karstaedt, Jamison & Powers, P.C., Jamey W. Jamison, Christopher M. Gorman, Englewood, Colorado, for Defendant-Appellee Horrace Mann Insurance Company.

Opinion by Judge TAUBMAN.

Plaintiff, Safeco Insurance Company, appeals the summary judgment entered in favor of defendants, Horace Mann Insurance Company and Westport Insurance Corp., holding Safeco's claim for pro rata contribution of insurance benefits was time barred because it did not demand mandatory arbitration within the applicable one-year statute of limitations under the No-Fault Act. We reverse and remand for further proceedings.

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