Insurance Co. of North America v. Aspen Alps Condominium Ass'n

REVISED MEMORANDUM OPINION AND ORDER

DANIEL, District Judge.

I. INTRODUCTION

Defendant Aspen Alps Condominium Association, Inc. (“Defendant” or “Aspen Alps”) has moved pursuant to Fed.R.Civ.P. 56 for summary judgment "with respect to Plaintiff Insurance Company of North America’s complaint claims, which are plead as breach of contract claims. Defendant asserts that Plaintiffs claims are, in actuality, tort claims and are therefore barred by Colorado’s two year statute of limitations provisions for tort actions.

Plaintiff is the insurer of two condominiums located in Building 400 of Aspen Alps’…