STATE FARM MUT. AUTO. INS. CO. v. KASTNER

No. 01CA0403.

56 P.3d 1144 (2002)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Appellant, v. Christina E. KASTNER, Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

Certiorari Granted October 21, 2002.


Attorney(s) appearing for the Case

Farry and Cain, L.L.P., Craig W. Cain, Joan Elaine Burtzos, Colorado Springs, Colorado, for Plaintiff-Appellant.

Tracy Pride Stoneman, P.C., Tracy Pride Stoneman, Westcliffe, Colorado; Robert S. Kayser, Colorado Springs, Colorado, for Defendant-Appellee.


Opinion by Judge VOGT.

In this declaratory judgment action to determine whether an automobile insurance policy afforded coverage for injuries arising out of a sexual assault committed in a car, plaintiff, State Farm Mutual Automobile Insurance Company, appeals from the judgment entered in favor of defendant, Christina E. Kastner. We affirm.

According to the parties' stipulation of facts, defendant had walked to her car in a shopping mall parking lot and was...

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