COLORADO CAS. INS. CO. v. SAMMONS

No. 06-239.

157 P.3d 460 (2007)

2007 WY 75

COLORADO CASUALTY INSURANCE COMPANY, a Colorado corporation, Appellant (Defendant), v. Donald L. SAMMONS, Individually and as trustee of the Sammons Family Living Trust, Appellee (Plaintiff).

Supreme Court of Wyoming.

May 10, 2007.


Attorney(s) appearing for the Case

Representing Appellant: John A. Coppede of Hickey & Evans, LLP, Cheyenne, Wyoming; and Brian J. Spano and Stephen E. Csajaghy of Rothgerber Johnson & Lyons LLP, Denver, Colorado. Argument by Mr. Spano.

Representing Appellee: James W. Britt, Chris A. Mattison, Cathleen H. Heintz, and Alan Epstein of Hall & Evans, L.L.C., Denver, Colorado. Argument by Ms. Heintz.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.


VOIGT, Chief Justice.

[¶ 1] The district court granted summary judgment to an insured on its contract claim against its insurer after a fire loss, granted summary judgment to the insurer on the insured's emotional distress claim, and denied summary judgment to both parties on the remaining claims. We will reverse the summary judgment based upon the contract claim because genuine issues of material fact exist. The summary judgment based upon the emotional distress...

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