Colorado Casualty Insurance v. Safety Control Co.

OPINION

JOHNSEN, Judge.

¶ 1 We address in this case the validity and effect of a Damron agreement a contractor and its excess insurer entered into that assigned their rights to sue the 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 Control Company, Inc. was one of DBA’s subcontractors. As…