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AUTO-OWNERS INS. CO. v. BOLT FACTORY LOFTS

Supreme Court Case No. 19SC664.

487 P.3d 276 (2021)

2021 CO 32

AUTO-OWNERS INSURANCE COMPANY, Petitioner v. BOLT FACTORY LOFTS OWNERS ASSOCIATION INC., a Colorado nonprofit corporation, Respondent.

Supreme Court of Colorado.

May 24, 2021.

Attorney(s) appearing for the Case

Attorneys for Petitioner: Spencer Fane LLP, Terence M. Ridley Evan , B. Stephenson , Denver, Colorado.

Attorneys for Respondent: Burg Simpson Eldredge Hersh & Jardine, P.C., Brian K. Matise , Nelson Boyle , Ronald M. Sandgrund , Mari K. Perczak , Thomas W. Henderson , Joseph F. Smith , Englewood, Colorado.

Attorneys for Amicus Curiae Colorado Defense Lawyers Association: Sweetbaum Sands Anderson PC, Marilyn S. Chappell , Denver, Colorado.

Attorneys for Amicus Curiae The Colorado Trial Lawyers Association: Levin Sitcoff PC, Bradley A. Levin , Nelson A. Waneka , Denver, Colorado.

Attorneys for Amicus Curiae United Policyholders: Taussig & Smith, John Taussig , Boulder, Colorado.

en banc.

¶1 In this construction defects litigation, we consider a novel question: Where a defendant-insured enters into an agreement before trial assigning its rights to any future bad faith claims against its insurer to a third-party plaintiff, is the insurer entitled to intervene at trial under...

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