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ESSEX INS. CO. v. VINCENT

No. 94-1147.

52 F.3d 894 (1995)

ESSEX INSURANCE COMPANY, Plaintiff-Counter-Defendant Appellant, v. Crystal VINCENT; Adam Taylor; Barbara Behrns, Jackie Storm, Defendants-Appellees, Williams Street Center, Inc., named as: Williams Street Center, a Colorado Corporation; Rick E. Mohnssen, Defendants-Counter-Claimants-Appellees, and Betty Read Behrns; Darlene Read; Mark Read; Michael Read; Alexandria Read; Daniel Read; Shelby Read; Wayne Cellum; Jo Read; Danielle Read; Alexandra Read, by and through their mother and next friend, Darlene Read, Defendants.

United States Court of Appeals, Tenth Circuit.

April 19, 1995.

Attorney(s) appearing for the Case

Donald Lawrence, Jr., Tilly & Graves, P.C., Denver, CO, appearing for appellant, Essex Ins. Co.

John M. Seebohm and Charles A. Lorimer, Tilly & Graves, P.C., Denver, CO, on the briefs, for appellant, Essex Ins. Co.

Teryl R. Gorrell, Moye, Giles, O'Keefe, Vermeire & Gorrell, Denver, CO (Martha E. Coy, with him on the briefs) appearing for appellees Williams Street Center and Rick E. Mohnssen.

Before TACHA and HOLLOWAY, Circuit Judges, and BURRAGE, District Judge.

TACHA, Circuit Judge.

Plaintiff Essex Insurance Company sought a declaratory judgment to determine the rights and obligations under its insurance contract with defendant Williams Street Center (the Center). Plaintiff claimed that the contract created no duty to defend or indemnify a state court action brought by defendants Shelby Read, Danielle Read, Alexandra Read, Darlene Read, and Betty Read Behrns. The district court granted defendants summary judgment, holding...

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