BARNETT v. AMERICAN FAMILY MUT. INS. CO.

No. 91SC464.

843 P.2d 1302 (1993)

Gale F. BARNETT and Gary Barnett, Petitioners, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing February 1, 1993.


Attorney(s) appearing for the Case

Frederick W. Newall, Colorado Springs, for petitioners.

Kane, Donley & Shaffer, Thomas Kelly Kane, William A. Palmer, Colorado Springs, for respondent.

Wilcox, Ogden & Cox, P.C., Ralph Ogden, Denver, for amicus curiae Colorado Trial Lawyers Ass'n.


Justice VOLLACK delivered the Opinion of the Court.

Petitioners Gale F. and Gary Barnett (the Barnetts) petition from the court of appeals decision in American Family Insurance Co. v. Barnett, 821 P.2d 853 (Colo.App. 1991). The court of appeals found that a limit of payable benefits clause in the Barnetts' automobile insurance policy was valid, and was properly applied to set off Social Security Disability Insurance (SSDI)...

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