AVEMCO INS. v. NORTHERN COLO. AIR CHARTER

No. 99CA1262.

25 P.3d 1238 (2000)

AVEMCO INSURANCE COMPANY, Plaintiff-Appellee, v. NORTHERN COLORADO AIR CHARTER, INC., Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied December 7, 2000.

Certiorari Granted July 2, 2001.


Attorney(s) appearing for the Case

Tienken & Hill, L.L.P., James C. Tienken, Alan G. Hill, Louisville, Colorado, for Plaintiff-Appellee.

Fonfara Law Offices, Joseph P. Fonfara, Fort Collins, Colorado, for Defendant-Appellant.


Opinion by Judge KAPELKE.

In this declaratory judgment action concerning aircraft insurance coverage, defendant, Northern Colorado Air Charter, Inc. (NCAC), appeals from the summary judgment entered by the trial court in favor of plaintiff, Avemco Insurance Company (Avemco). The court held that NCAC's acceptance and cashing of Avemco's check refunding all insurance premiums paid under the insurance policy constituted a mutual rescission of the policy as a matter of...

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