Apartment Inv. & Mgmt. Co. v. Nutmeg Ins. Co., No. 08-1150 - - U.S. Tenth Circuit
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Apartment Inv. & Mgmt. Co. v. Nutmeg Ins. Co., No. 08-1150

In an action against an insurer for breach of its duty to defend, summary judgment for defendant is reversed where the policies underlying Colorado's complaint rule did not allow an insurer to ignore ongoing parallel judicial proceedings which it was aware of, and Colorado law required policy exclusions to be read narrowly.

Read Apartment Inv. & Mgmt. Co. v. Nutmeg Ins. Co., No. 08-1150

Appellate Information

Filed February 2, 2010

Judges

Opinion by Judge McKay

Counsel

For Appellant:

Andrew M. Low, Davis Graham & Stubbs LLP, Denver, CO

Thomas L. Roberts and Bradley A. Levin, Roberts Levin & Patterson, P.C., Denver, CO

For Appellee:

Neil Lloyd, Lisa A. Brown and David C. Scott, Schiff Hardin LLP, Chicago, IL