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LAFARGE NORTH AMERICA v. K.E.C.I. COLORADO

No. 09CA0460.

250 P.3d 682 (2010)

LAFARGE NORTH AMERICA, INC., d/b/a Lafarge West, Inc., Plaintiff-Appellee, v. K.E.C.I. COLORADO, INC., a Colorado corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. VII.

March 4, 2010.

Attorney(s) appearing for the Case

Wells, Anderson & Race, LLC, Larry S. McClung , L. Michael Brooks, Jr. , Denver, Colorado, for Plaintiff-Appellee.

Senter, Goldfarb, & Rice, L.L.C., Jennifer M. Palmer , Denver, Colorado, for Defendant-Appellant.

Opinion by Judge J. JONES.

Defendant, K.E.C.I. Colorado, Inc., appeals the district court's summary judgment ruling that it breached contractual obligations to defend, indemnify, and insure plaintiff, Lafarge North America, Inc. We conclude that (1) K.E.C.I. breached the duty to defend but that it is premature to assess damages for that breach; (2) Lafarge is not entitled to summary judgment on its indemnification claim;...

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