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AVEMCO INS. v. NORTHERN COLO. AIR CHARTER

No. 00SC985.

38 P.3d 555 (2002)

AVEMCO INSURANCE COMPANY, Petitioner, v. NORTHERN COLORADO AIR CHARTER, INC., Respondent.

Supreme Court of Colorado, En Banc.

January 14, 2002.

Attorney(s) appearing for the Case

Tienken & Hill, L.L.P., James C. Tienken, Alan G. Hill, Louisville, CO, Attorneys for Petitioner.

Fonfara Law Offices, Joseph P. Fonfara, Fort Collins, CO, Attorneys for Respondent.

Justice MARTINEZ delivered the opinion of the Court.

In May 1998, petitioner Avemco Insurance Company ("Avemco") filed this action against respondent Northern Colorado Air Charter, Inc. ("NCAC") seeking a declaratory judgment that Avemco was not required to provide benefits under an aircraft insurance policy issued by Avemco to NCAC in late 1997. Avemco subsequently amended its complaint to assert that a mutual rescission had occurred. Avemco then moved for summary...

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