Colorado Insurance Guaranty Ass'n v. Menor

Judge WEBB

concurring in part and dissenting in part.

In my view, CIGA's complaint asserting a setoff against Menor's uninsured/ underin-sured motorist (UM/UIM) settlement proceeds should have been dismissed under C.R.C.P. 12(b)(5) because $ 10-4-508(1)(b), C.R.S.2006, provides that CIGA steps into the shoes of the insolvent workers' compensation carrier. Even if those proceeds cover some of Menor's economic loss, and thus duplicate his workers' compensation claim against that carrier, I disagree with the majority's reliance on § 10-4-512(1), CRS. 2006, to afford CIGA a setoff right that was…