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REPUBLIC INS. CO. v. JERNIGAN

No. 86SC13.

753 P.2d 229 (1988)

REPUBLIC INSURANCE COMPANY, Petitioner, v. Robert H. JERNIGAN and Gayle S. Jernigan, Respondents.

Supreme Court of Colorado, En Banc.

April 11, 1988.

Attorney(s) appearing for the Case

Henderson and Streelman, Jack D. Henderson, Denver, for petitioner.

Allen, Rogers, Metcalf & Vahrenwald, Donald E. Johnson, Jr., Fort Collins, for respondents.

ERICKSON, Justice.

The petitioner, Republic Insurance Company (Republic), brought a declaratory judgment action against Robert H. Jernigan and Gayle S. Jernigan, pursuant to C.R.C.P. 57 and section 13-51-101, 6 C.R.S. (1982), claiming that they had breached the terms and conditions of their homeowners insurance policy. The declaratory judgment action, based upon a claim of arson, asserted that the insurance policy was void and that the Jernigans' fire insurance coverage...

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