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WEST AMERICAN INS. CO. v. BAUMGARTNER

No. 89CA1751.

812 P.2d 696 (1990)

WEST AMERICAN INSURANCE COMPANY, Plaintiff-Appellee, v. F.W. BAUMGARTNER d/b/a Baumgartner Oil Company, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 24, 1991.

Certiorari Granted June 17, 1991.

Attorney(s) appearing for the Case

Montgomery, Green, Jarvis, Kolodny & Markusson, Dennis H. Markusson, Robert W. Muilenburg, Denver, for plaintiff-appellee.

Gorsuch, Kirgis, Campbell, Walker & Grover, Robert J. Kapelke, David B. Seserman, Laura J. Nagle, Denver, for defendant-appellant.

Opinion by Chief Judge STERNBERG.

The plaintiff, West American Insurance Company, sued its insured, F.W. Baumgartner, seeking a judgment declaring that it had no duty to defend or indemnify him in certain federal court litigation. The trial court entered summary judgment for West American. Baumgartner appeals, and we affirm.

The State of Colorado brought an action against three mining companies in federal court to recover the cost of cleaning up polluted surface...

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