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OMNI DEVELOPMENT CORP. v. ATLAS ASSUR.

No. 97CA0179.

956 P.2d 665 (1998)

OMNI DEVELOPMENT CORPORATION and Dennis Witte, Plaintiffs, v. ATLAS ASSURANCE COMPANY OF AMERICA, a foreign corporation, Defendant-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, a foreign corporation, Intervenor-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied April 30, 1998.

Certiorari Pending June 22, 1998.

Attorney(s) appearing for the Case

No Appearance for Plaintiffs.

Wood, Ris & Hames, P.C., F. Michael Ludwig, Dennis A. Hanson, Denver, for Defendant-Appellant.

Montgomery, Kolodny, Amatuzio, Dusbabek & Parker, LLP, Kevin F. Amatuzio, Joel A. Kolodny, Denver, for Intervenor-Appellee.

Certiorari Pending June 22, 1998 (98SC350).

Opinion by Judge DAVIDSON.

In this declaratory judgment action, defendant, Atlas Assurance Company of America, appeals from the summary judgment entered against it in favor of Insurance Company of North America (INA) as the intervenor seeking reimbursement for insurance proceeds paid by INA to plaintiffs, Omni Development Corporation (Omni) and Dennis Witte. We affirm.

In 1982, Hampden Center Limited (HCL...

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