State Ex Rel. Udall v. Colonial Penn Insurance

OPINION

BACA, Justice.

The state appeals from summary judgment granted in two lawsuits that have been consolidated on appeal. In appeal number 19,052 we affirm the summary judgment granted in favor of three insurers, defendants-appellees Colonial Penn Insurance Company (Colonial), Fireman’s Fund Insurance Company, and American Insurance Company (the latter two responded together and are jointly referred to as “Fireman’s Fund”). In appeal number 19,268 the state appeals summary judgment entered in favor of Dean Witter Reynolds, Inc. (Dean Witter), and we reverse.

On April 26, 1984, the State…