COLORADO INS. GUAR. v. SUNSTATE EQUIP. CO.

Court of Appeals No. 15CA0288.

405 P.3d 320 (2016)

2016 COA 64

COLORADO INSURANCE GUARANTY ASSOCIATION, Plaintiff-Appellee and Cross-Appellant, v. SUNSTATE EQUIPMENT COMPANY, LLC, Defendant-Appellant and Cross-Appellee.

Court of Appeals of Colorado, Division III.

Certiorari Dismissed October 12, 2017.


Attorney(s) appearing for the Case

Harris, Karstaedt, Jamison & Powers, P.C., Heather A. Salg , Englewood, Colorado, for Plaintiff-Appellee and Cross-Appellant

The Overton Law Firm, Thomas J. Overton , Richard J. Gleason , Denver, Colorado; DLA PIPER LLP, Mark A. Nadeau , Phoenix, Arizona, for Defendant-Appellant and Cross-Appellee.


¶ 1 When an insurer becomes insolvent and liquidation of its assets does not produce sufficient funds to pay claims, should the loss be borne by first party insureds or third party claimants? The General Assembly has created a guaranty association to pay the covered claims of an insolvent insurer. But then, after payment...

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