Alias Smith & Jones, Inc. v. Barnes

TURSI, Judge.

In this action challenging certain actions taken by defendant commissioner of insurance, J. Richard Barnes, the trial court entered summary judgment for defendant, and plaintiffs appeal. We affirm.

The plaintiff, Alias Smith & Jones, Inc., operated a restaurant called Pumpkin’s Finger in Pueblo, Colorado, on property leased from plaintiff Hannibal Hayes & Kid Curry, Inc. The restaurant was insured by Manufacturers and Wholesalers Indemnity Exchange (M & W), an interinsu-rance exchange. See § 10-13-101, et seq., C.R.S.1973.

On November 11, 1974, the commissioner ordered the division…