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Colorado Counties Casualty and Property Pool v. Board of County Commissioners of the County of Prowers6/20/2002
the plaintiff's post-trial assignment did not cure the defect that the lawsuit was not prosecuted in the name of a real party in interest.
Because Prowers County is liable for its share of all the expenses incurred in defending and settling the underlying lawsuit, and no one disputes that both the Pool and the district attorney's private insurer expended monies on his behalf, Prowers County has not set forth any compelling argument as to how it was prejudiced by the delay in reducing the assignment to writing or disclosing it.
Thus, we conclude that the trial court did not err in ruling that the assignment was valid. See Thistle, Inc. v. Tenneco, Inc., 872 P.2d 1302, 1305 (Colo. App. 1993)("even if there has been no assignment of the claim at the time suit is instituted, if the plaintiff is assigned the claim at some time prior to trial, such assignment is sufficient").
Judgment affirmed.
JUDGE VOGT and JUDGE CRISWELL concur.
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