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OLD REPUBLIC INS. CO. v. ROSS

No. 06SC257.

180 P.3d 427 (2008)

OLD REPUBLIC INSURANCE COMPANY, Petitioner/Cross-Respondent. v. Jamie L. ROSS, individually and as natural parent of minor children, Jaylie B. Ross and Jaida S. Ross; Crystal L. Ross, individually and as natural parent of minor children Jon Talon Ross, Tessa M. Ross, Starr L. Ross and Cash D. Ross; Amber Anne Ross; and Brandi Ross, Respondents/Cross-Petitioners.

Supreme Court of Colorado, En Banc.

March 24, 2008.

Attorney(s) appearing for the Case

Davis Graham & Stubbs LLP, Andrew M. Low, Rudy E. Verner, Elizabeth H. Titus, Denver Colorado, Grund, Dagner & Nelson, P.C., John W. Grund, Della S. Nelson, Denver, Colorado, for Petitioner/Cross-Respondent.

Zarlengo, Mott, Zarlengo & Winbourn, P.C., Zane Moseley, Denver, Colorado, for Respondent/Cross-Petitioner Crystal L. Ross.

Schaden Katzman Lampert & McClune, P.C., Bruce A. Lampert, Broomfield, Colorado, John D. McClune, Troy, Michigan, for Respondent/Cross-Petitioner Jamie L. Ross.

Cage Williams P.C., Mark W. Williams, Melissa M. Kerin, Denver, Colorado, for Amicus Curiae Property Casualty Insurers Association of America.

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

Justice RICE delivered the Opinion of the Court.

This case arises out of an airplane accident near Durango. The passengers' surviving spouses and children ("the Rosses") brought a wrongful death action in state court against the airplane charter company, its president, and the pilot's estate. Old Republic Insurance Company ("Old Republic") insured the charter company and its president (collectively "the defendant-insureds"), but was not originally a party in the state...

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