West American Insurance Co. v. Baumgartner

Judge ROTHENBERG

dissenting.

I respectfully dissent.

At issue is whether plaintiff, West American Insurance Co. (insurer), is contractually obligated to defend and extend coverage to its insured, defendant F.W. Baumgart-ner in a federal lawsuit brought under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601, et seq. (1982) (CERCLA).

Colorado law places a heavy burden on insurers that seek to rely on policy exclusions to escape the duty to defend and cover their insureds. Thus, when insurers wish to exclude coverage, they must do so in clear and specific…