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BRIGGS v. AMERICAN FAMILY MUT. INS. CO.

No. 91CA0126.

833 P.2d 859 (1992)

Valorie BRIGGS, Plaintiff-Appellee, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

April 9, 1992.

Attorney(s) appearing for the Case

Breit, Best, Richman & Bosch, P.C., Bradley A. Levin, Peggy A. Walker, Denver, Foster, Larson, Laiche & Griff, Timothy E. Foster, Grand Junction, for plaintiff-appellee.

Doehling & Slater, P.C., Gary L. Doehling, Terry D. Slater, Grand Junction, for defendant-appellant.

Opinion by Judge DAVIDSON.

Defendant, American Family Mutual Insurance Company (American), appeals from the summary judgment entered in favor of plaintiff, Valorie Briggs. In its order, the trial court found that the consent to sue clause within Briggs' uninsured motorist policy with American was void and that American was bound by the determination of damages in Briggs' tort action against the uninsured motorist. We agree and therefore affirm.

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