Transamerica Premier Insurance Co. v. Brighton School District 27J

We granted certiorari to review the court of appeals decision in Brighton School District 27J v. Transamerica Premier Insurance Co., 923 P.2d 328 (Colo.App.1996), to determine whether Colorado recognizes the existence of a common law tort claim against a commercial surety who fails to reasonably proceed with the payment of a claim under a performance bond. The court of appeals held that the trial court did not err in submitting an obligee’s bad faith claim to the jury. We conclude that allowing this cause of action to proceed in the commercial surety context is justified by the special nature…