Garcia v. Insurance Co. of Minnesota

STERNBERG, Judge.

In this action to recover under a title insurance policy, the trial court, after the death of plaintiff Cheryl Lynn Garcia (decedent), dismissed the claims of decedent with prejudice. On appeal by decedent’s personal representative, we affirm the dismissal but remand for determination of whether the dismissal should be with or without prejudice.

After decedent’s death in August 1983, plaintiffs’ attorneys, acting pursuant to C.R.C.P. 25(a)(1), duly filed a suggestion of death on September 9, 1983. On February 6, 1984, Title Insurance Company of Min*1115nesota filed a motion to…