Central Square Tarragon LLC v. Great Divide Insurance Co.

On Motion for Rehearing

MAY, C.J.

We deny the appellee’s motion for rehearing, but withdraw our prior opinion and substitute this opinion in its place to more accurately reflect the facts.

This appeal pits “integrity” in the practice of law against an unwarranted game of “gotcha.” The purchaser of property, and assignee of the named insured, appeals a verdict in favor of the insurer rendered after a game of “gotcha.” We reverse.

The named insured sold a twenty-two acre site to the purchaser and assigned its rights to an insurance contract that provided property and casualty insurance — including…