NORTHWESTERN NAT. INS. CO. v. BARNHART

No. 84CA1418.

713 P.2d 1360 (1985)

NORTHWESTERN NATIONAL INSURANCE CO., Plaintiff-Appellee, v. Larry G. BARNHART, d/b/a Power Stop, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

December 26, 1985.


Attorney(s) appearing for the Case

Rector, Retherford, Mullen & Johnson, Neil C. Bruce, Michael R. Waters, Colorado Springs, for plaintiff-appellee.

Alexander & Wieman, P.C., William A. Alexander, Jr., Colorado Springs, for defendant-appellant.


VAN CISE, Judge.

Plaintiff, Northwestern National Insurance Co. (insurer), brought this action against defendant, Larry G. Barnhart (insured), to recover the amount paid on a theft loss claim because of insured's violation of the "fraud clause" in the insurance policy. The trial court directed a verdict for insurer. Contending this was error, insured appeals the judgment entered thereon. We affirm.

The policy contains a provision (the fraud clause) that:<...

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