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SILVER v. COLORADO CAS. INS. CO.

No. 07CA2216.

219 P.3d 324 (2009)

Joe SILVER, Plaintiff-Appellant, v. COLORADO CASUALTY INSURANCE COMPANY, Defendant-Appellee.

Colorado Court of Appeals, Div. VII.

March 5, 2009.

Attorney(s) appearing for the Case

Brian A. Murphy & Associates, LLC, Brian A. Murphy, Lee A. Berrish, Arvada, Colorado for Plaintiff-Appellant.

Rothgerber Johnson & Lyons, LLP, Brian J. Spano, Hillary D. Wells, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge J. JONES.

On July 19, 2005, a house in Denver owned by plaintiff, Joe Silver, suffered extensive fire damage. He sued the company that insured the property, defendant, Colorado Casualty Insurance Company, after it denied coverage. The district court granted summary judgment in Colorado Casualty's favor on the basis that Colorado Casualty had lawfully rescinded the insurance policy. Silver appeals, and we reverse and remand.

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