Legal Opinion

City of Aurora, Colorado v. Trinity Universal Insurance Company, a Texas Corporation

Court of Appeals for the Tenth Circuit

Decided January 28, 1964No. 7298PublishedCited by 13 opinions

1Opinion of the Court

MURRAH, Chief Judge.

This action for declaratory; judgment presents the recurring question whether the claimed loss caused by the insured’s negligent conduct is covered by a policy insuring against damages “caused by accident;” or, more specifically, whether the damages resulting from the insured’s negligence were accidental.

The trial court made the following uncontroverted findings: The City of Aurora, Colorado, the insured, absorbed the sewage system of a newly annexed area, and later discovered that it was inadequate. During periods of prolonged moisture, surface water infiltrated the…

2Cases cited11 opinions

  1. Bundy Tubing Company, a Michigan Corporation v. Royal Indemnity Company, a New York CorporationCourt of Appeals for the Sixth Circuit · 1962
  2. Rex Roofing Co. v. Lumber Mutual Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1952
  3. Albuquerque Gravel Products Company, No Stockholders' Liability, a New Mexico Corporation v. American Employers Insurance Company, a CorporationCourt of Appeals for the Tenth Circuit · 1960
  4. Cross v. Zurich General Accident & Liability Ins. Co., LimitedCourt of Appeals for the Seventh Circuit · 1950
  5. Neale Const. Co., Inc. v. United States Fidelity & Guaranty CoCourt of Appeals for the Tenth Circuit · 1952

6 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Sheets v. Brethren Mutual InsuranceCourt of Appeals of Maryland · 1996
  2. Ca 79-2759 City of Carter Lake, a Municipal Corporation in the State of Iowa v. The Aetna Casualty and Surety Company, a CorporationCourt of Appeals for the Eighth Circuit · 1979
  3. White v. SmithMissouri Court of Appeals · 1969
  4. Rafeiro v. American Employers' InsuranceCalifornia Court of Appeal · 1970
  5. Koehring Company, a Corporation v. American Automobile Insurance Company, a CorporationCourt of Appeals for the Seventh Circuit · 1965

8 more not listed; retrieve them via the Exa API.

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