with our recent acknowledgement, in Broadwater v. Old Republic Surety, 854 P.2d 527, 536 (1993), that “something other than a contractual relationship may impose a duty on an insurer to deal fairly with a third party.” I would conclude that the relationship between Savage and Educators is precisely the type of relationship in which such a duty should be imposed. The relationship between a workers’ compensation insurer and an injured employee is clearly different from the relationship between an insurance company and a normal third party. In fact, some courts examining the relationship have concluded that it involves the same level of intimacy as does the relationship between an insurer and a first-party insured. See, e.g., Travelers Ins. Co. v. Savio, 706 P.2d 1258, 1272 (Colo.1985) (<HOLDING>). The roots of this relationship are grounded
holding that an insurance contract should be construed as a reasonable person in the position of the insured would have understood it and that if the language used in the policy is reasonably susceptible to different constructions it must be given the construction most favorable to the insured holding that an insurance company stands in the shoes of the insured when pursuing an action against the tortfeasor recognizing an insurers right to rescind an insurance contract where the insured has made fraudulent or material misrepresentation in insurance application holding that covered employee stands in the same position as an insured in a private insurance contract holding that whether in tort or contract all malpractice claims are covered by the same statute of limitations