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ACME DELIVERY SERV. v. DAVID JOHNSON GROUP

No. 98CA1383.

996 P.2d 211 (1999)

ACME DELIVERY SERVICE, INC., d/b/a Acme Distribution Centers, Inc., a Colorado corporation, Plaintiff-Appellant, v. The DAVID JOHNSON GROUP, INC., a Colorado corporation and Preferred Maintenance Services, Inc., a Colorado corporation, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied September 16, 1999.

Certiorari Denied April 17, 2000.

Attorney(s) appearing for the Case

William C. Danks, Denver, Colorado, for Plaintiff-Appellant.

Burg, Simpson, Eldredge Hersh & Houliston, P.C., Peter W. Burg, Diane Vaksdal Smith, James W. Barlow, for Defendant-Appellee The David Johnson Group, Inc.

Godin & Baity, LLC, Mari K. Perczak, Steven L. Heisdorffer, Denver, Colorado, for Defendant-Appellee, Preferred Maintenance Services, Inc.

Opinion by Judge NEY.

Plaintiff, Acme Delivery Service, Inc., d/b/a Acme Distribution Centers, Inc., appeals the summary judgment entered in favor of defendants, The David Johnson Group, Inc., and Preferred Maintenance Services, Inc. We reverse and remand.

Acme subleased defendants' warehouse, and pursuant to a contract with Coors Brewing Company, stored 9.8 million empty bottles there. Acme insured the contents of its leased warehouse with Safeco Insurance...

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