Eckhardt v. Village Inn (Vicorp)

The majority today holds that, not only does a subrogated insurance carrier have an obligation to act reasonably in determining whether to consent to settlement of a third-party suit, but the carrier is obligated to make a good faith appraisal of the suit and act accordingly, which may include intervention in the third-party suit as a demonstration of reasonableness. See maj. op. at 858, 862. Because I believe that the majority’s decision interposes a rule into the Colorado Workers’ Compensation Act (the Act) which derogates from the long-established principle that such rule-making is the…