SHELTER MUT. INS. CO. v. VAUGHN

No. 12CA0654.

300 P.3d 998 (2013)

SHELTER MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. Steven D. VAUGHN and Alvin J. Miller, Defendants-Appellants.

Colorado Court of Appeals, Div. IV.

Announced February 28, 2013.


Attorney(s) appearing for the Case

Donley Law, P.C., Jack E. Donley , Colorado Springs, Colorado, for Plaintiff-Appellee.

Robert F. Pribila, P.C., R. Jerome Aquino , Colorado Springs, Colorado, for Defendants-Appellants.


Opinion by JUDGE FOX.

¶ 1 Shelter Mutual Insurance Company defended Steven D. Vaughn, its insured, in a personal injury case under a reservation of rights because Shelter's interest in avoiding coverage by proving that Vaughn's actions were intentional conflicted with Vaughn's interest in denying all liability. After a jury found Vaughn negligent — the only claim tried — and awarded damages to Alvin J. Miller, plaintiff, Shelter, sought a declaratory...

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