METROPOLITAN PROPERTY v. NEUBERT

No. 97CA0785.

969 P.2d 733 (1998)

METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff-Appellee, v. Ronald S. NEUBERT, Defendant-Appellant.

Colorado Court of Appeals, Div. A.

Rehearing Denied May 14, 1998.

Certiorari Denied January 19, 1999.


Attorney(s) appearing for the Case

Kane, Donley & Johnson, P.C., Jack E. Donley, Colorado Springs, for Plaintiff-Appellee.

Case & Lacerte, John Case, Denver, for Defendant-Appellant.


Opinion by Chief Judge HUME.

In this declaratory action to determine insurance coverage, defendant, Ronald S. Neubert, appeals from a summary judgment entered in favor of plaintiff, Metropolitan Property and Casualty Insurance Co. (Metropolitan). We reverse and remand for further proceedings.

The following facts are undisputed. As a car insured by Metropolitan and occupied by the driver and three passengers was traveling on the street near defendant's home...

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