TYNAN'S NISSAN v. AM. HARDWARE MUT. INS.

No. 94CA1129.

917 P.2d 321 (1995)

TYNAN'S NISSAN, INC., a Colorado corporation; Tynan's Volkswagen, Inc., a Delaware Corporation, Plaintiffs-Appellants, v. AMERICAN HARDWARE MUTUAL INSURANCE COMPANY, a Minnesota corporation; United States Fire Insurance Company, a New York Corporation; and Frank Applegate, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

November 24, 1995.


Attorney(s) appearing for the Case

Frank & Finger, P.C., Thomas Frank and Hal B. Warren, Evergreen, for Plaintiff-Appellant.

Creamer and Seaman, P.C., Thomas J. Seaman and Gregory R. Giometti, Denver, for Defendants-Appellees American Hardware Mutual Insurance Company and Frank Applegate.

Fowler, Schimberg & Cowman, P.C., Daniel M. Fowler and Ricky C. Benjamin, Denver, for Defendant-Appellee United States Fire Insurance Company.


Opinion by Judge JONES.

Plaintiffs, Tynan's Nissan, Inc., and Tynan's Volkswagen, Inc. (Tynans), appeal a summary judgment in favor of defendants, American Hardware Mutual Insurance Co. (American), United States Fire Insurance Co. (U.S. Fire), and Frank Applegate, a licensed agent of American. We affirm in part, reverse in part, and remand with directions.

In February 1989, the Administrator of the Colorado Uniform Consumer Credit Code (UCCC) instigated an...

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