United States Tenth Circuit

In an insurance coverage dispute, defendant-workers' compensation carrier owes no duty to defend in a Americans with Disabilities Act claim where the suit was brought as a tort claim instead of a workers' compensation claim.

Appellate Information

• Decided 10/10/2005
• Published 10/10/2005

Judges

• HARTZ, Circuit Judge., Before HARTZ, McKAY, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Timothy P. Fox (Amy F. Robertson, with him on the briefs), of Fox & Robertson, P.C., Denver, CO, for Plaintiffs-Appellants., Kevin W. Williams, Legal Program Director, Colorado Cross-Disability Coalition, Denver, CO;  Michael W. Breeskin, Counsel, Arc of Denver, Inc., Denver, CO;  Richard F. Armknecht, III, of Armknecht & Cowdell, P.C., Lindon, UT, on the brief for Amici Curiae.


• For Appellees:
  
• David R. DeMuro, of Vaughan & DeMuro, Denver, CO, (Lana L. Steven, of Vaughan & DeMuro, Denver, CO, and Michael J. Steiner, General Counsel, Pinnacol Assurance, Denver, CO, with him on the brief), for Defendant-Appellee.