Colorado Casualty Insurance v. Safety Control Co.

OPINION

JOHNSEN, Judge.

¶ 1 We address in this ease the validity and effect of a Damron agreement involving a contractor and its excess insurer by which the contractor assigned to a tort victim the contractor’s indemnification rights against its primary insurer.1 We hold the agreement is enforceable but remand for a determination of whether the stipulated judgment falls within the primary insurer’s policy.

FACTS AND PROCEDURAL HISTORY

¶ 2 The Arizona Department of Transportation (“ADOT”) hired DBA Construction Company (“DBA”) to perform a road-improvement project on the Loop 101 freeway. Safety…