CHACON v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY

No. 88SC330.

788 P.2d 748 (1990)

Reyes CHACON, Sarah T. Chacon, and Nicholas Chacon, through his next friend, Reyes Chacon, Petitioners, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation, licensed to do business in the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 2, 1990.


Attorney(s) appearing for the Case

William E. Myrick, P.C., Stephen P. Doyle and Robert A. Starrett, Denver, for petitioners.

Dickinson, Everstine, Kelly & Prud'Homme, Gilbert A. Dickinson and Teresa M. Garcia, Denver, for respondent.


Justice ROVIRA delivered the Opinion of the Court.

The petitioners, Reyes and Sarah Chacon, challenge the court of appeals decision affirming the trial court's grant of summary judgment in favor of the respondent, American Family Mutual Insurance Company (American Family). We granted certiorari to consider whether a homeowner's policy, which contains a severability clause, may exclude coverage to an insured, based upon the actions of a co-insured. The court of appeals...

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