GARCIA v. STATE FARM MUT. INS. CO.

No. 94CA1638.

920 P.2d 843 (1995)

Johnnie GARCIA, Plaintiff-Appellee, v. STATE FARM MUTUAL INSURANCE COMPANY, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied January 4, 1996.

Certiorari Denied August 5, 1996.


Attorney(s) appearing for the Case

Pelton & Pelton, Bradford Pelton, Colorado Springs, for Plaintiff-Appellee.

Debra Sutton & Associates, Debra K. Sutton, James A. Stadler, Littleton, for Defendant-Appellant.


Opinion by Judge BRIGGS.

Defendant, State Farm Mutual Insurance Company (insurer), appeals the summary judgment entered for plaintiff, Johnnie Garcia (insured), and the denial of its own motion for summary judgment. We reverse and remand for further proceedings.

The facts are not in dispute. The insured was injured while driving an automobile during the course and in the scope of his employment. He was unable to return to work.

The insured's employer...

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