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SPILLANE v. UNITED STATES FIDELITY AND GUARANTY CO.

No. 18199.

325 P.2d 700 (1958)

Frank SPILLANE, Plaintiff In Error, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation, Defendant In Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 2, 1958.

Attorney(s) appearing for the Case

Yegge, Bates, Hall & Shulenburg, Don R. Evans, Denver, for plaintiff in error.

Duane O. Littell, Denver, for defendant in error.

HALL, Justice.

We shall refer to plaintiff in error as plaintiff or Spillane, and to defendant in error as defendant.

On November 6, 1949, the defendant, for an annual premium of $114.80, issued and delivered to plaintiff its Schedule Liability Policy (Manufacturers or Contractors Form) No. SMC 151506, the policy period being from November 6, 1949, to November 6, 1950. In the policy declarations, Item I states:

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