Marijuana Law – Keyed to Mikos
Green Earth Wellness Ctr., LLC v. Atain Specialty Ins. Co.
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Green Earth, a retail medical marijuana business in Colorado Springs, attained commercial insurance for its business from Atain, which became effective on June 29, 2012. On June 23, a wildfire started just outside of Colorado Springs. Several days later, the wildfire advanced toward Green Earth. Although the wildfire did not directly affect Green Earth, Green Earth contends that the smoke and ash that derived from the fire cause damage to its ventilation system, eventually damaging its plants. November 2012, Green Earth made a claim under the insurance policy to Atain. Atain denied the claim on the grounds that the policy expressly excluded coverage for contraband and it was void as against public policy. Attain moves for summary judgment.
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