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LISTER v. AMERICAN UNITED LIFE INS. CO.

No. 89CA1154.

797 P.2d 832 (1990)

James Michael LISTER, Non compos mentis, Roy E. Lister, and Marilyn V. Lister, individually and as next friends and parents of James Michael Lister, Plaintiffs-Appellees, v. AMERICAN UNITED LIFE INSURANCE COMPANY, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

August 9, 1990.

Attorney(s) appearing for the Case

The Law Firm of Melat & Pressman, Michael D. Cucullu, Colorado Springs, for plaintiffs-appellees.

Susemihl, Lohman, Kent, Carlson & McDermott, P.C., Kathleen A. Carlson, Colorado Springs, for defendant-appellant.

Opinion by Judge MARQUEZ.

Defendant, American United Life Insurance Company, appeals from the partial summary judgment entered in favor of plaintiffs, James Michael Lister, Roy E. Lister, and Marilyn V. Lister. We reverse and remand.

The following material facts are undisputed. On August 10, 1986, James Lister sustained severe and disabling brain injuries in an automobile accident. On that date, James' mother, Marilyn, was insured under a group policy issued...

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