COMMERCIAL U. INS. CO. v. POSTIN

No. 5189.

610 P.2d 984 (1980)

COMMERCIAL UNION INSURANCE COMPANY, a Massachusetts Corporation, Appellant (Plaintiff below), v. Robert POSTIN; Volk and Harrison; Ketchum, Konkel, Ryan and Fleming, now known as Ketchum, Konkel, Barrett, Nickel and Austin, Inc.; and Milo Ketchum, Appellees (Defendants below).

Supreme Court of Wyoming.

May 2, 1980.


Attorney(s) appearing for the Case

Bard Ferrall and King Tristani, Cheyenne, for appellant.

Ellen Crowley, Cheyenne, and William H. Knapp, of Knapp & Lee, Denver, Colo., for Postin, appellee.

James W. Owens, of Murane & Bostwick, Casper, for Volk and Harrison, appellees.

A. Joseph Williams, of Guy, Williams & White, Cheyenne, for Ketchum, Konkel, Barrett, Nickel and Austin, Inc., and Milo Ketchum, appellees.

Before RAPER, C.J., McCLINTOCK, THOMAS and ROSE, JJ., and GUTHRIE, J., Retired.


ROSE, Justice.

This appeal calls up the issue of whether or not an insurance company will, under a qualified subrogation policy provision, have a cause of action against alleged tortfeasors for damages the company paid upon a claim resulting from an inherent or latent defect when such cause of damage is specifically excluded from coverage.1

The case was decided against the insurance company on a motion for summary judgment in the...

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