dissenting:
I respectfully dissent from the majority’s holding that section 10-4-708(1), 4A C.R.S. (1987 & 1990 Supp.), did not provide an exclusive remedy. In my opinion, the legislature preempted the common law by providing an exclusive remedy, as set forth in my dissent in Farmers Group, Inc. v. Williams, 805 P.2d 419 (Colo.1991). I would reverse the judgment.
I am authorized to say that Chief Justice ROVIRA joins in this dissent.