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NATIONWIDE MUT. FIRE INS. CO. v. CLEMENTI

No. 98CA0230.

989 P.2d 192 (1999)

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff-Appellee, v. James CLEMENTI and Mary Ann Clementi, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

Rehearing Denied June 10, 1999.

Certiorari Granted December 6, 1999.

Attorney(s) appearing for the Case

Patterson & Nuss, P.C., Franklin D. Patterson, Englewood, Colorado, for Plaintiff-Appellee.

Gradisar, Trechter, Ripperger, Croshal, Nicholas A. Gradisar, Pueblo, Colorado, for Defendants-Appellants.

Opinion by Judge METZGER.

In this declaratory judgment action, defendants, James and Mary Ann Clementi, appeal the summary judgment entered in favor of plaintiff, Nationwide Mutual Fire Insurance Company (Nationwide). We affirm.

In March 1994, James Clementi was injured in an automobile accident while in the course and scope of his employment as a trooper with the Colorado State Patrol. The driver of the other vehicle had liability insurance of $50,000 per...

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