Legal Opinion
West American Insurance Co. v. Baumgartner
Colorado Court of Appeals
Decided December 20, 1990No. 89CA1751PublishedCited by 2 opinions
1Opinion of the Court
Opinion by
Chief Judge STERNBERG.
The plaintiff, West American Insurance Company, sued its insured, F.W. Baum-gartner, seeking a judgment declaring that it had no duty to defend or indemnify him in certain federal court litigation. The trial court entered summary judgment for West American. Baumgartner appeals, and we affirm.
The State of Colorado brought an action against three mining companies in federal court to recover the cost of cleaning up polluted surface and ground waters under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601, et seq. (1982).…
Also in this document: Concurrence.
2Cases cited12 opinions
- Waste Management of Carolinas, Inc. v. Peerless InsuranceSupreme Court of North Carolina · 1986
- Chacon v. American Family Mutual Insurance CompanySupreme Court of Colorado · 1990
- Fl Aerospace, Cross-Appellee v. Aetna Casualty & Surety Co., Cross-AppellantCourt of Appeals for the Sixth Circuit · 1990
- Kane v. Royal Insurance Co. of AmericaSupreme Court of Colorado · 1989
- Marez v. Dairyland Insurance Co.Supreme Court of Colorado · 1981
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3Cited by2 opinions
- A. Johnson & Co., Inc., and A. Johnson Energy Marketing, Inc. v. The Aetna Casualty and Surety CompanyCourt of Appeals for the First Circuit · 1991
- Baumgartner v. West American Insurance Co.Supreme Court of Colorado · 1991