Midwest Mutual Insurance Co. v. St. Anthony Hospital

Opinion by

Judge DAVIDSON.

In this declaratory judgment/interpleader action, defendant, St. Anthony Hospital, appeals from a judgment denying its request that plaintiff, Midwest Mutual Insurance Company, pay interest on payments due under an insurance policy. We reverse and remand.

The relevant factual background of this case is set forth in this court's previous opinion of Midwest Mutual Insurance Co. v. Murry, 971 P.2d 295 (Colo.App.1998)(Midwest I). In Midwest I, a division of this court affirmed a trial court's decision to allow Midwest to file a declaratory judgment action to determine its…