[Download] "Supervalu v. Wexford Underwriting Managers" by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Supervalu v. Wexford Underwriting Managers
- Author : Colorado Supreme Court
- Release Date : January 03, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 92 KB
Description
The issue presented is the interpretation of the word "occurrence" in the excess workers compensation policies provided to appellant Supervalu, Inc. doing business as Albertsons Inc. (Supervalu) by respondents TIG Insurance Company (TIG), Continental Casualty Company (Continental) and Wexford Underwriting Managers, Inc. (Wexford) (collectively respondents). The trial court concluded that Supervalu was required to pay a self-insured retention every time an employee sustained injury due to an accident or occupational disease. It granted summary adjudication in favor of TIG and Continental and summary judgment in favor of Wexford. The parties dismissed their remaining claims without prejudice in order to facilitate this appeal. Supervalu appeals on the following grounds: (1) in the workers compensation industry, "occurrence" means a claim that results in one award or compromise and release regardless of the number of injuries involved, and this technical meaning controls interpretation of the insurance policies; (2) Continental and TIG are estopped from asserting a new interpretation, i.e., that an award or compromise and release is not a single occurrence because it involves multiple injuries; (3) TIG was not entitled to summary adjudication as to the claim involving William Lecky (Lecky) because it was not entitled to reimbursement, and its claim was time-barred; (4) Continental was not entitled to summary adjudication of the declaratory relief cause of action in its first amended cross- complaint because the motion did not resolve an entire cause of action; (5) Continental is not entitled to prejudgment interest on its reimbursement claim during the period that Wexford prevented Supervalu from paying its debt; (6) summary judgment for Wexford was error because it was a proper party to Supervalus declaratory relief cause of action; and (7) the trial court erred when it refused to permit Supervalu to amend its pleading to allege a claim against Wexford for negligent misrepresentation. We find no error and affirm.