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SIMS v. SPERRY

No. 90CA1064.

835 P.2d 565 (1992)

Billy Don SIMS and Yvonne Ava Sims, Plaintiffs-Appellees, v. Charles P. SPERRY, Third-Party Plaintiff-Appellant, v. TRANSAMERICA TITLE INSURANCE COMPANY, Third-Party Defendant-Appellee.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing April 9, 1992.

Certiorari Denied August 31, 1992.

Attorney(s) appearing for the Case

Robert Simpson, Lakewood, for plaintiffs-appellees.

Williams, Trine, Greenstein & Griffith, P.C., Mari C. Bush, Cohen & Cohen, William M. Cohen, Boulder, for third-party plaintiff-appellant.

Dietze, Davis and Porter, P.C., Peter C. Dietz, Robyn W. Kube, Boulder, for third-party defendant-appellee.

Opinion by Judge DAVIDSON.

Third-party plaintiff, Charles P. Sperry, appeals from the summary judgment entered in favor of plaintiffs, Billy Don and Yvonne Ava Sims, for rescission of a warranty deed and from a judgment entered after a bench trial in favor of third-party defendant, Transamerica Title Insurance Company, on Sperry's claims of breach of its duties to defend and to indemnify. We affirm in part and reverse in part.

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