AM. FAMILY MUT. v. AM. NAT. PROP. & CAS.

Court of Appeals Nos. 14CA0950 & 14CA0968.

370 P.3d 319 (2015)

2015 COA 135

AMERICAN FAMILY MUTUAL INSURANCE COMPANY; Safeco Insurance Company of America; Allstate Insurance Company; IDS Property Casualty Insurance Company; Federated Mutual Insurance Company; Metropolitan Property and Casualty Insurance Company; Colorado Casualty Insurance Company; State Farm Fire And Casualty Company; Property & Casualty Insurance Company of Hartford; Sentinel Insurance Company; Westfield Insurance Company; Farmers Insurance Exchange; Mid-Century Insurance Company; Fire Insurance Exchange; Truck Insurance Exchange; Foremost Insurance Company Grand Rapids, Michigan; United Services Automobile Association; USAA Texas Lloyds Insurance Company; USAA Casualty Insurance Company; USAA General Indemnity Company; USAA County Mutual Insurance Company; Garrison Property Casualty and Insurance Company; Colorado Farm Bureau Mutual Insurance Company; and Progressive Preferred Insurance Company, Plaintiffs-Appellants, v. AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY, Respondent-Appellant, and Colorado Department of Public Safety and Denver Water Board, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Announced September 24, 2015.


Attorney(s) appearing for the Case

Cozen O'Connor, Brad W. Breslau , Sarah Earle Killeen , Denver, Colorado, for Plaintiffs-Appellants American Family Mutual Insurance Company; Safeco Insurance Company of America; Allstate Insurance Company; IDS Property Casualty Insurance Company; Federated Mutual Insurance Company; and Metropolitan Property and Casualty Insurance Company.

Martin & Hyman, LLC, John D. Martin , Denver, Colorado; Grotefeld Hoffman Schleiter Gordon & Ochoa, LLP, Mark S. Grotfeld , Chicago, Illinois; Grotefeld Hoffman Schleiter Gordon & Ochoa, LLP, Todd Harshman , San Francisco, California, for Plaintiffs-Appellants State Farm Fire And Casualty Company; Property & Casualty Insurance Company of Hartford; Sentinel Insurance Company; Westfield Insurance Company; Farmers Insurance Exchange; Mid-Century Insurance Company; Fire Insurance Exchange; Truck Insurance Exchange; Foremost Insurance Company Grand Rapids, Michigan; United Services Automobile Association; USAA Texas Lloyds Insurance Company; USAA Casualty Insurance Company; USAA General Indemnity Company; USAA County Mutual Insurance Company; Garrison Property Casualty and Insurance Company.

McConaughy & Sarkissian, P.C., Ronald E. McConaughy , Englewood, Colorado; Hunter & Associates, Christopher J. Metcalfe , Denver, Colorado, for Plaintiff-Appellant Colorado Farm Bureau Mutual Insurance Company.

Dworkin Chambers Williams York Benson & Evans, P.C., Lacy A. Scott , Steven G. York , Denver, Colorado, for Plaintiff-Appellant Progressive Preferred Insurance Company.

Borenstein & Associates, LLC, Irvin Borenstein , Centennial, Colorado, for Respondent-Appellant.

Cynthia H. Coffman , Attorney General, Friedrick C. Haines , First Assistant Attorney General and Assistant Solicitor General, Megan Paris Rundlet , Senior Assistant Attorney General, William V. Allen , Senior Assistant Attorney General, Patricia Herron , Senior Assistant Attorney General, Denver, Colorado, for Defendant-Appellee Colorado Department of Public Safety.

Senter Goldfarb & Rice, L.L.C., Thomas S. Rice , Denver, Colorado; Patricia L. Wells , Gail Rosenschein , Kristine Bates , Denver, Colorado for Defendant-Appellee Denver Water Board.

Law Office of Steven J. Dawes, LLC, Steven J. Dawes , Denver, Colorado, for Amici Curie Colorado Counties, Inc.; Colorado Municipal League; Special District Association of Colorado.


Opinion by JUDGE HAWTHORNE

¶ 1 In this consolidated appeal, plaintiffs, twenty-five insurance companies1 (collectively, the carriers), appeal the district court's judgment dismissing their inverse condemnation claims against defendants, Colorado Department of Public Safety (the Department) and Denver Water Board (Denver Water), and the court's order denying their motion to conduct limited discovery. We affirm.

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