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BENGTSON v. USAA PROPERTY & CAS. INS.

No. 99CA0163.

3 P.3d 1233 (2000)

Marian P. BENGTSON, Petitioner-Appellant and Cross-Appellee, v. USAA PROPERTY AND CASUALTY INSURANCE, Respondent-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. V.

May 11, 2000.

Attorney(s) appearing for the Case

Gerald C. Sloat, P.C., Gerald C. Sloat, Boulder, Colorado; Pearson, Milligan & Horowitz, P.C., Jane G. Ebisch, Denver, Colorado, for Plaintiff-Appellant and Cross-Appellee.

Walberg & Dagner, P.C., Wendelyn K. Walberg, Englewood, Colorado, for Defendant-Appellee and Cross-Appellant.

Opinion by Judge ROTHENBERG.

In this declaratory judgment action, plaintiff, Marian P. Bengtson, appeals the summary judgment entered in favor of the defendant, USAA Property and Casualty Insurance (USAA). We affirm.

I.

The facts are undisputed. Bengtson's husband was killed in an automobile accident while driving his daughter's car in Weld County. Because the other driver (tortfeasor) was at fault, the tortfeasor...

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