United States Tenth Circuit

In an action against defendant-insurer seeking a declaratory judgment that plaintiffs-property owners are entitled to recover from defendant the full amount owed on their judgment against insured-bankrupt property management company, summary judgment for plaintiffs-owners is reversed and remanded where: 1) plaintiffs abandoned a claim that the policy covered a loss from discounted rents; 2) a failure to forward rental income was not a covered loss; 3) theft from plaintiffs' property was not covered because it predated the policy coverage period; and 4) although the policy covered theft from a condominium plaintiffs occupied, disputed facts preclude summary judgment on insurer's claim of inadequate notice from the management company.

Appellate Information

• Decided 09/14/2008
• Published 09/15/2008

Judges

• HARTZ, Circuit Judge., Before TACHA, BRISCOE, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Michael W. Homer (Jesse C. Trentadue, with him on the briefs), of Suitter Axland, Salt Lake City, UT, for Defendant-Appellant., Vincent C. Rampton, Jones, Waldo, Holbrook & McDonough, P.C., Salt Lake City, UT, for Plaintiffs-Appellees.