Craft v. Philadelphia Indemnity Insurance

CERTIFICATION OF QUESTION OF STATE LAW

TIMOTHY M. TYMKOVICH, Circuit Judge.

Dean Craft appeals the district court’s dismissal of his suit against his insurer, Philadelphia Indemnity Insurance Company. At issue is whether Colorado’s notice-prejudice rule for liability insurance policies applies to claims-made policies or whether Colorado applies this rule only to occurrence policies. Inherent in that inquiry are two important and unsettled questions of state law, which we certify to the Colorado Supreme Court.

I. Background

Philadelphia Indemnity issued a policy that covered claims made against…