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MID CENTURY INS. CO. v. GATES RUBBER CO.

No. 01CA0743.

43 P.3d 737 (2002)

MID CENTURY INSURANCE COMPANY, as subrogee of Fashion Carpets, Inc., Plaintiff-Appellant, v. The GATES RUBBER COMPANY, Defendant-Appellee.

Colorado Court of Appeals, Div. V.

January 31, 2002.

Attorney(s) appearing for the Case

Campbell, Latiolais & Ruebel, P.C., Colin C. Campbell, Denver, CO, for Plaintiff-Appellant.

Wilson & Fennelly, LLC, Rodger L. Wilson, Patricia A. Fennelly, Greenwood Village, CO, for Defendant-Appellee.

Opinion by Judge DAVIDSON.

In this subrogation action, plaintiff, Mid Century Insurance Company, appeals from the trial court's order granting attorney fees to defendant, The Gates Rubber Company. We reverse.

Fashion Carpets rented a warehouse space from Gates under the terms of a commercial lease and insured the property stored in the space with Mid Century. Fashion Carpets' goods sustained water damage, and, as a result, Mid Century paid insurance benefits...

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