Lunsford v. Western States Life Insurance

The majority holds that section 15-11-803, 6B C.R.S. (1987), does not apply to this case and instead applies common law principles to resolve the issue before us. The majority reverses the court of appeals, holding that the trial court properly relied on a negligence standard in assessing the legality of the respondents’ conduct in disbursing the subject insurance proceeds. I dissent because the majority relies on common law principles to resolve this case. Instead, I would hold that section 15-11-803 applies to the instant case and relieves the respondent insurance companies of any liability…