Great Divide Insurance v. AOAO Maluna Kai Estates

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION

KAY, Senior District Judge.

In this case, Great Divide Insurance Company (“Great Divide”) seeks a declaratory judgment that it does not owe a duty to defend or indemnify AOAO Maluna Kai Estates (“Maluna Kai”), a homeowners’ association with a commercial general liability insurance policy issued by Great Divide, from an underlying claim brought by the family of a child who drowned in the swimming pool on Maluna Kai’s premises. Great Divide seeks the declaratory ruling based on a swimming pool exclusion to the insurance policy.

The Court held a…