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ROINESTAD v. KIRKPATRICK

No. 09CA2179.

300 P.3d 571 (2010)

Christopher ROINESTAD and Gerald Fitz-Gerald, Plaintiffs-Appellants, v. Tim KIRKPATRICK, d/b/a Hog's Breath Saloon & Restaurant, Defendant, and Mountain States Mutual Casualty Company, Defendant and Garnishee-Appellee.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing November 18, 2010.

Attorney(s) appearing for the Case

Killian & Davis, P.C., J. Keith Killian , Damon Davis , Nicholas W. Mayle , Grand Junction, Colorado, for Plaintiffs-Appellants.

Lasater & Martin, P.C., Janet Belcher Martin , Melissa A. Ogburn , Highlands Ranch, Colorado, for Defendant and Garnishee-Appellee.

Opinion by Judge GABRIEL.

In this case, we must determine whether a pollution exclusion clause in an insurance policy issued by defendant Mountain States Mutual Casualty Company (insurer) to Tim Kirkpatrick, doing business as Hog's Breath Saloon and Restaurant (Hog's Breath), bars coverage for injuries suffered by plaintiffs, Christopher Roinestad and Gerald Fitz-Gerald, as a result of the negligent dumping of cooking oil and grease by Hog's Breath. After the insurer...

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