Evergreen Investment & Realty Co. v. Baca

Because I agree with the referee’s interpretations of the policy as applied to the pertinent statutes and facts involved in this claim, I respectfully dissent. The policy promises “to pay promptly when due all compensation and other benefits required of [Evergreen] by the workmen’s compensation law.” (emphasis added) And, § 8-44-102, C.R.S.1973, mandates that any contract for the insurance of workmen’s compensation shall be subject to all provisions of the workmen’s compensation act.

The policy does not contain any applicable exclusions. It does contain the following condition:

“This policy is…