BARTLETT v. CONTINENTAL DIVIDE INS. CO.

No. 84CA0175.

697 P.2d 412 (1984)

Perry E. BARTLETT, and Audrey M. Bartlett, d/b/a Deer Crest Chalets, Plaintiffs-Appellants, v. CONTINENTAL DIVIDE INSURANCE COMPANY, a Colorado Insurance corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied December 20, 1984.

Certiorari Granted March 25, 1985.


Attorney(s) appearing for the Case

French & Stone, P.C., David M. Haynes, Joseph C. French, Boulder, for plaintiffs-appellants.

Greengard & Senter, Richard D. Greengard, Holly E. Rebstock, Denver, for defendant-appellee.


STERNBERG, Judge.

The plaintiffs' property was damaged by released water and debris as a result of the failure of Lawn Lake Dam. They filed a claim under their Special Businessowners Policy issued by Continental Insurance Co. Continental denied coverage because the policy contained an exclusion for losses "caused by, resulting from, contributed to, or aggravated by ... flood, surface water [or] ... overflow of streams or other bodies of water...."

The plaintiffs...

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