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McCONNELL v. ST. PAUL FIRE AND MARINE

No. 93CA2188.

894 P.2d 11 (1994)

Carol McCONNELL, Plaintiff-Appellee, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied November 3, 1994.

Certiorari Granted May 8, 1995.

Attorney(s) appearing for the Case

Norton Frickey & Associates, P.C., Dan O. Adkins, Colorado Springs, for plaintiff-appellee.

Law Offices of Taylor, McQuiston & McCune, John E. Taylor, Aurora, for defendant-appellant.

Opinion by Judge HUME.

St. Paul Fire and Marine Insurance Company (St. Paul) appeals the trial court's judgment awarding personal injury benefits to plaintiff, Carol McConnell, a passenger in a vehicle insured by St. Paul. We reverse and remand the cause for further proceedings.

St. Paul insured a vehicle owned by James Dart, who allowed his daughter Jean the primary use of the car. Jean Dart temporarily left the vehicle with Byron Brewer, but told Brewer...

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