MARTINEZ v. AMERICAN STANDARD INS. CO.

No. 79CA1050.

622 P.2d 79 (1980)

Benito R. MARTINEZ and Genevieve Koontz, individually and as next friend of Elena L. Padilla and Harley Padilla, minors, Plaintiffs-Appellants, v. AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN, Defendant-Appellee.

Colorado Court of Appeals, Division I.

Rehearing Denied July 17, 1980.

Certiorari Denied December 15, 1980.


Attorney(s) appearing for the Case

Richeson & McCain, Robert C. McCain, Denver, for plaintiffs-appellants.

Littell & Dickinson, Robert Hibschweiler, Denver, for defendant-appellee.


VAN CISE, Judge.

Plaintiff Benito R. Martinez (the insured) and the other plaintiffs were involved in a one car accident, as a result of which personal injuries and property damages were incurred. Defendant American Standard Insurance Company of Wisconsin (the insurer) denied coverage. Plaintiffs sued, and summary judgment was entered in favor of the insurer. We reverse.

For purposes of summary judgment, the pleadings, affidavits, depositions, and exhibits...

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