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Regional Bank of Colorado v. St. Paul Fire and Marine Insurance Co.

United States Court of Appeals for the Tenth Circuit

35 F.3d 494 (1994)

Facts

Debra Seibert and her son were hospitalized after they inhaled carbon monoxide fumes emitted by their rented apartment’s faulty wall heater. Seibert was insured by St. Paul Fire and Marine Insurance Company (insurer) (defendant). The apartment’s owner, Regional Bank of Colorado, N.A. (bank) (plaintiff), sued for a declaratory judgment as to the scope of Seibert’s insurance policy. The policy included a plainly worded provision excluding coverage for pollution, defined as including the release of any irritant or contaminant such as smoke, vapors, or fumes. Colorado law applied to the case. The federal district court entered summary judgment for the bank, and the insurer appealed to the Tenth Circuit.

Rule of Law

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Issue

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Holding and Reasoning (O’Connor, J.)

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