TRAVELERS PROP. CAS. v. FARMERS INS. EXCH.

No. 09CA0830.

240 P.3d 521 (2010)

TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Plaintiff-Appellant, v. FARMERS INSURANCE EXCHANGE, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

June 10, 2010.


Attorney(s) appearing for the Case

Montgomery, Kolodny, Amatuzio & Dusbabek, L.L.P., Kevin F. Amatuzio , John R. Chase , Denver, Colorado, for Plaintiff-Appellant.

Levy, Morse & Wheeler, P.C., Stuart D. Morse , Ian T. Hicks , Greenwood Village, Colorado, for Defendant-Appellee.


Opinion by Judge TERRY.

This appeal involves construction of a provision in a commercial liability insurance policy that provides "additional insured" coverage for liability that "arises out of" a commercial tenant's use of leased premises. We conclude that where the tenant's customer's injury occurred in a parking lot that was not part of the leased premises, and there was not a sufficient nexus between the injury and the leased premises, the liability for the injury...

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