Baker v. Young

The United States Circuit Court of Appeals for the Tenth Circuit certified to this court, pursuant to C.A.R. 21.1, the following question of law pertinent to an appeal pending in that court:

Whether Colorado law defines an insurer’s obligation to indemnify and defend a non-resident insured as nonexempt property under Colo.R.Civ.P. 102(a)[, 7A C.R. S.1989 Supp.], thereby subjecting the obligation to attachment by a Colorado resident seeking to obtain quasi in rem jurisdiction?

We agreed to respond to the certified question and now answer that question in the affirmative.

I

The certified question…