United States Tenth Circuit

In an action against an insurer for breach of its duty to defend, summary judgment for defendant is reversed where the policies underlying Colorado's complaint rule did not allow an insurer to ignore ongoing parallel judicial proceedings which it was aware of, and Colorado law required policy exclusions to be read narrowly.

Appellate Information

• Decided 02/02/2010
• Published 02/02/2010

Judges

• McKAY, Circuit Judge., Before O'BRIEN, McKAY, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Andrew M. Low of Davis Graham & Stubbs LLP, Denver, CO, (Thomas L. Roberts and Bradley A. Levin of, Roberts Levin & Patterson, P.C., Denver, CO, and Susan Bernhardt and J. Nicholas McKeever, Jr., Netzorg McKeever Koclanes & Bernhardt LLC, Denver, CO, with him on the briefs) for Plaintiff-Appellant.


• For Appellees:
  
• Neil Lloyd (Lisa A. Brown and David C. Scott with him on the briefs), of Schiff Hardin LLP, Chicago, IL, for Defendant-Appellee.