Hawes v. Colorado Division of Insurance
Supreme Court of Colorado
1Opinion of the CourtJustice Martinez
Today we decide whether the Commissioner of Insurance has incidental and implied authority to award attorneys’ fees from a *1013common fund when presiding over a quasi-adjudicatory, equitable conversion proceeding if the attorneys’ representation of the public interest was necessary to the Commissioner’s performance of his express statutory duties, and if no legislation prohibits such an award. Resolution of this issue requires that we analyze whether the Division of Insurance and the Commissioner have implied powers within their enabling acts and within the conversion statute to award attorneys’…
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