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WHEELER v. REESE

No. 90CA1170.

835 P.2d 572 (1992)

Kenneth Theodore WHEELER, Jr., a/k/a Kenneth T. Wheeler, Jr., Plaintiff, v. Kenneth L. REESE, individually, and d/b/a Skier's Edge Realty, Defendant. Eugene H. BARKER, Defendant and 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

Hill, Hill & Manges, P.C., Richard B. Manges, Fort Collins, for defendant and third-party plaintiff-appellant.

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

No appearance for plaintiff Kenneth Theodore Wheeler, Jr.

No appearance for defendant Kenneth L. Reese.

Opinion by Judge DAVIDSON.

Third-party plaintiff, Eugene H. Barker, appeals from a judgment entered after a bench trial in favor of third-party defendant, Transamerica Title Insurance Company, on claims of breach of duty to defend and tortious bad faith. We affirm in part and reverse in part.

In 1980, Barker Construction Company began road construction work for a residential subdivision for which Kenneth Reese was a principal and the primary real estate agent...

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