Avemco Insurance Co. v. Northern Colorado Air Charter, Inc.

Opinion by

Judge KAPELKE.

In this declaratory judgment action concerning aircraft insurance coverage, defendant, Northern Colorado Air Charter, Inc. (NCAC), appeals from the summary judgment entered by the trial court in favor of plaintiff, Avemeo Insurance Company (Avem-eo). The court held that NCAC's acceptance and cashing of Avemeo's check refunding all insurance premiums paid under the insurance policy constituted a mutual rescission of the policy as a matter of law. We reverse and remand for further proceedings.

In 1997, Avemeco issued a commercial aviation insurance policy to NCAC. A few…