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CYPRUS AMAX MINERALS v. LEXINGTON INS.

No. 02SC247.

74 P.3d 294 (2003)

CYPRUS AMAX MINERALS COMPANY, Petitioner, v. LEXINGTON INSURANCE COMPANY; Zurich Specialities London Limited; and Gerling-Konzern Allgemeine Versicherungs-AG, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 18, 2003.

Attorney(s) appearing for the Case

Fognani Guiboard Homsy & Roberts, LLP, John D. Fognani, R. Kirk Mueller, Denver, Colorado, Attorneys for Petitioner.

White and Steele, P.C., Franz Hardy, Frederick W. Klann, Denver, Colorado, Attorneys for Respondent.

Roberts Levin & Patterson, P.C., Bradley A. Levin, Christine K. Wilkinson, Michael J. Rosenberg, Denver, Colorado, Amicus Curiae for the Trial Lawyers Association.

Campbell, Latiolais & Ruebel, P.C., Brian E. Martin, Jeffrey Clay Ruebel, Denver, Colorado, Amicus Curiae for Colorado Defense Lawyer's Association.

Justice KOURLIS delivered the Opinion of the Court.

I. Introduction

This is a case in which an insured is seeking indemnification from its insurers. The insured, Cyprus Amax Minerals Company ("Cyprus"), sold the Golden Cross Mine to Coeur d'Alene Mines Corporation ("Coeur"). Two years after the sale, the Mine experienced substantial damage, eventually leading to its close, stemming from a landslide deep below ground...

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