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   State Courts - Colorado - July 26, 2007

  
Phoenix Capital, Inc. v. Dowell, Court of Appeals No.: 05CA2712, COURT OF APPEALS OF COLORADO, DIVISION FIVE, July 26, 2007, Decided
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Overview: The invalidity of the noncompetition provision rendered invalid the employee's agreement not to solicit the employers' customers. Thus, the trial court erred in preliminarily enjoining the employee from soliciting the customers, but not from actively soliciting its employees.

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Soto v. Progressive Mt. Ins. Co., Court of Appeals No. 05CA1032, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 26, 2007, Decided
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Overview: Summary judgment should not have been granted to an insurer in a contract dispute because it was required to offer both enhanced PIP benefits options to its insureds under former Colo. Rev. Stat. § 10-4-710; however, they were not entitled to attorney fees under former Colo. Rev. Stat. § 10-4-708 since no contract reformation had taken place.

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Titan Indem. Co. v. Travelers Prop. Cas. Co. of Am., Court of Appeals No. 06CA0040, COURT OF APPEALS OF COLORADO, DIVISION ONE, July 26, 2007, Decided
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Overview: The granting of the insurer's motion to dismiss the additional insured's breach-of-contract action was proper because the language of the contract between the additional insured and the insured limited coverage to losses resulting from the insured's performance. The professional services exclusion contained in the policy applied.

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