Allstate Insurance Co. v. Allen

We granted certiorari to review the unpublished decision of the Colorado Court of Appeals in Allen v. Chromy, No. 88CA0254 (June 1, 1989). In Allen, the court of appeals reversed without discussion the district court’s determination that Allstate Insurance Company (“Allstate”) was not liable as garnishee for statutory prejudgment interest in excess of policy limits on a judgment against its insured. The court of appeals relied on its decision in Starke v. Allstate Ins. Co., 771 P.2d 3 (Colo.App.1988), rev’d, 797 P.2d 14 (1990). In Starke, the court of appeals held that Allstate was obligated…