RADIL v. NATIONAL UNION FIRE INS. CO.

No. 10SA34.

233 P.3d 688 (2010)

In re Jennifer RADIL, Cross-Claim Plaintiff v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURG, PA., Cross-Claim Defendant.

Supreme Court of Colorado, En Banc.

June 28, 2010.


Attorney(s) appearing for the Case

Roberts Levin Rosenberg, P.C., Thomas L. Roberts, Bradley A. Levin, Michael J. Rosenberg, Denver, Colorado, Attorneys for Cross-Claim Plaintiff.

Hall & Evans, L.L.C., Alan Epstein, Kenneth H. Lyman, Peter C. Middleton, Devi C. Yorty, Denver, Colorado, Attorneys for Cross-Claim Defendant.


Justice HOBBS delivered the Opinion of the Court.

We exercise our original jurisdiction under C.A.R. 21 to review a trial court order (1) compelling arbitration of an injured employee's claim for underinsured motorist benefits from her employer's excess liability insurer and (2) directing that the arbitration panel determine the excess liability insurer's defense of litigation-based waiver.

First, we consider whether an excess insurer's follow-form endorsement...

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