Safeco Insurance Co. v. Westport Insurance Corp.

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(8) 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.

I. Background

After plaintiff, Safeco Insurance Company, paid Personal Injury Protection (PIP) benefits to its insured in connection with a 2001…