Apartment Investment & Management Co. v. Nutmeg Insurance

McKAY, Circuit Judge.

This case requires us to consider whether, under Colorado law, an insurer has a duty to defend its insured based on allegations contained in several separate but factually related complaints. Specifically, the appellant insured appeals the grant of summary judgment in favor of the insurer based on the district court’s reading of the individual complaints in conjunction with the insurance policy provisions. Because we believe that the policies underlying Colorado’s complaint rule do not allow an insurer to ignore ongoing parallel judicial proceedings which it is aware of…