KUTCH v. STATE FARM MUT. AUTO. INS. CO.

No. 95CA1647.

944 P.2d 623 (1997)

Kay KUTCH, Plaintiff-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 6, 1997.

Certiorari Granted October 20, 1997.


Attorney(s) appearing for the Case

Wilcox & Ogden, P.C., Ralph Ogden, Denver, for Plaintiff-Appellee.

Levy & Lambdin, P.C., Suzanne Lambdin, Martha C. Ferris, Englewood, for Defendant-Appellant.


Opinion by Chief Judge STERNBERG.

Defendant, State Farm Mutual Automobile Insurance Company, appeals an order confirming an arbitration award on plaintiff's uninsured motorist insurance claim. Because the amount of the award exceeds the $100,000 policy limit, State Farm asserts that the trial court erred. We agree and, therefore, reverse and remand for further proceedings.

While plaintiff, Kay Kutch, was a passenger in an automobile insured by State Farm,...

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