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

No. 08CA1961.

214 P.3d 1078 (2009)

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

Colorado Court of Appeals, Div. A.

July 9, 2009.

Attorney(s) appearing for the Case

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

James R. Alvillar and Associates, James R. Alvillar, Grand Junction, Colorado, for Defendant-Appellee Westport Insurance Corporation.

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

Opinion by Judge WEBB.

This case requires us to decide an unresolved question of Colorado law: whether prejudgment interest under section 5-12-102(1), C.R.S.2008, is recoverable in an insurer's equitable contribution action under former section 10-4-707(3) of the sunsetted Colorado No-Fault Act. Because we conclude that prejudgment interest is recoverable, we reverse that portion of the judgment and remand to determine and award prejudgment interest.

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