WARD v. ALLSTATE INS. CO.

No. 94-1381.

45 F.3d 353 (1994)

Donald WARD, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, an Illinois corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 30, 1995.


Attorney(s) appearing for the Case

James F. Scherer (James D. King with him on the briefs), James D. King & Associates, P.C., Denver, CO, for plaintiff-appellant.

Robert A. Zupkus (Tod E. Fitzke of Zupkus & Ayd, P.C., Englewood, CO, and Jeffrey Lennard of Sonnenschein Nath & Rosenthal, Chicago, IL, with him on the briefs), Zupkus & Ayd, Englewood, CO, for defendant-appellee.

Before MOORE, BARRETT, and HENRY, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

Don Ward appeals the district court's grant of defendant Allstate Insurance Company's motion for summary judgment. We hold the Colorado "no fault" automobile insurance statute provides $50,000 limitations for medical and rehabilitative benefits; therefore, we affirm the district court's accordant judgment.

The dispositive facts are not in dispute. Mr. Ward was severely injured while a passenger in an automobile driven by an insured...

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