OHIO CAS. INS. v. IMPERIAL CONTRACTORS

No. 87CA0646.

765 P.2d 1060 (1988)

The OHIO CASUALTY INSURANCE COMPANY, an insurance corporation, Plaintiff-Appellant, v. IMPERIAL CONTRACTORS, INC., a Colorado corporation; Armada Realty, Inc., a Colorado corporation, and Timothy Stark, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

November 3, 1988.


Attorney(s) appearing for the Case

White and Steele, P.C., James M. Dieterich, Frederick W. Klann, Denver, for plaintiff-appellant.

Moye, Giles, O'Keefe, Vermeire & Gorrel, Alvin M. Cohen Denver, M. Stephen Kautz, Englewood, for defendants-appellees.


TURSI, Judge.

In an action for declaratory judgment, plaintiff, Ohio Casualty Insurance Company (Ohio Casualty), appeals from the summary judgment entered for the defendant, Imperial Contractors, Inc. (Imperial). We reverse.

Several homeowners who had purchased houses built by Imperial brought claims against Imperial alleging defective workmanship. Imperial had liability insurance with both its primary carrier and with Ohio Casualty, its umbrella carrier....

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