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COLBY v. PROGRESSIVE CAS. INS. CO.

No. 93CA2126.

908 P.2d 1170 (1995)

R.W. COLBY, as guardian and next friend of Dean L. Colby, an incapacitated adult, Plaintiff-Appellee, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied July 20, 1995.

Certiorari Granted January 8, 1996.

Attorney(s) appearing for the Case

Wilcox & Ogden, P.C., Ralph Ogden, Denver, for plaintiff-appellee.

Anderson, Campbell and Laugesen, P.C., Richard W. Laugesen, Denver, for defendant-appellant.

Opinion by Judge RULAND.

Defendant, Progressive Casualty Insurance Co., appeals from a summary judgment determining that plaintiff, R.W. Colby, as guardian for Dean L. Colby, an incapacitated adult, was entitled to recover additional rehabilitation benefits for his ward. We reverse.

Dean Colby suffered serious injuries in a rollover automobile accident in 1993 as a passenger in a vehicle insured by defendant. Defendant paid the policy limits for all of the...

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