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KANE v. ROYAL INS. CO. OF AMERICA

No. 87SC341.

768 P.2d 678 (1989)

Nick KANE; Penny Kane; Nicky's, Ltd., a Colorado corporation; and Fall River Chalet Condominium Association, a Colorado non-profit corporation, Petitioners, v. ROYAL INSURANCE COMPANY OF AMERICA, an Illinois corporation; American and Foreign Insurance Company, a Delaware corporation; and Reliance Insurance Company, a Pennsylvania corporation, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 6, 1989.

Attorney(s) appearing for the Case

French & Stone, P.C., Joseph C. French, David M. Haynes, Boulder, for petitioners.

Anstine & Hill, William C. Jolliffe, Arthur H. Anstine, Denver, for Royal Ins. Co. of America and Foreign Ins. Co.

Greengard & Senter, Mark C. Overturf, Denver, for Reliance Ins. Co.

Holland & Hart, Wiley E. Mayne, Curt Krechevsky, Denver, for amicus curiae Adams-Arapahoe Joint School Dist. No. 28-J.

ROVIRA, Justice.

We granted certiorari pursuant to C.A.R. 50 to review an order of the Larimer County District Court which, relying on Bartlett v. Continental Divide Insurance Co., 697 P.2d 412 (Colo.App.1984), held that the damage to petitioners' property was caused by a flood. The trial court then found that the insurance policies issued by the respondents did not provide coverage for the losses claimed by petitioners and...

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