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CIRCLE C BEEF CO. v. HOME INS. CO.

No. 82CA0215.

654 P.2d 869 (1982)

CIRCLE C BEEF COMPANY, Plaintiff-Appellant, v. HOME INSURANCE CO., Reed Shaw Stenhouse, Inc., and Fred A. Embry, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

October 28, 1982.

Attorney(s) appearing for the Case

Ehrlich & Futro, Michael L. Ehrlich, Englewood, for plaintiff-appellant.

Watson, Nathan & Bremer, P.C., Howard W. Bremer, Denver, for defendants-appellees.

BERMAN, Judge.

This is an appeal from a summary judgment entered in favor of the defendant insurance company because of the plaintiff's failure to comply with contractual time limits for filing a proof of loss statement and instituting a law suit. We reverse.

Plaintiff suffered a fire loss in December of 1977. His insurance policy with defendant required him to submit a proof of loss statement within 60 days of loss. Plaintiff did not timely file, and his...

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