BAINBRIDGE, INC. v. TRAVELERS CAS. CO.

No. 05CA0361.

159 P.3d 748 (2006)

BAINBRIDGE, INC., n/k/a Birchwood Homes, Inc., a Colorado corporation, Plaintiff-Appellant, and David L. Ray and Elizabeth A. Ray, Intervenors-Appellants v. TRAVELERS CASUALTY COMPANY OF CONNECTICUT, f/k/a Aetna Casualty Company of Connecticut, a Connecticut corporation, and Travelers Indemnity Company, a Connecticut corporation, Defendants-Appellees.

Colorado Court of Appeals, Div. VI.

As Modified on Denial of Rehearing November 30, 2006.


Attorney(s) appearing for the Case

Shughart Thomson & Kilroy, P.C., Joseph J. Mellon, Bennett L. Cohen, Megan E. Harry, Denver, Colorado, for Plaintiff-Appellant and Intervenors-Appellants.

Montgomery, Kolodny, Amatuzio, Dusbabek, LLP, Keven F. Amatuzio, John R. Chase, Olivia C. DeBlasio, Denver, Colorado, for Defendants-Appellees.


Opinion by Chief Judge DAVIDSON.

In this action concerning an insurance company's duty to defend, plaintiff, Bainbridge, Inc., and intervenors, Elizabeth Ray and David Ray, appeal from the summary judgment entered in favor of defendants, Travelers Casualty Company and Travelers Indemnity Company (collectively Travelers). We reverse and remand.

I. Background

Bainbridge is a builder of luxury custom homes...

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