CONTINENTAL WESTERN v. HERITAGE ESTATES

No. 02CA1111.

77 P.3d 911 (2003)

CONTINENTAL WESTERN INSURANCE COMPANY, Plaintiff-Appellant, v. HERITAGE ESTATES MUTUAL HOUSING ASSOCIATION, INC., Defendant-Appellee.

Colorado Court of Appeals, Div. II.

August 14, 2003.


Attorney(s) appearing for the Case

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

Fagre & Benson, LLP, Russell O. Stewart, Marie E. Williams, Denver, Colorado, for Defendant-Appellee.


Opinion by Judge CASEBOLT.

In this insurance coverage proceeding, plaintiff, Continental Western Insurance Company, appeals the order awarding attorney fees to defendant, Heritage Estates Mutual Housing Association, Inc. We reverse.

Continental issued property and liability insurance to Heritage for an apartment building that Heritage owned. Heritage submitted a claim under the property insurance coverage for cleanup costs incurred to remediate apartments...

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