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SMITH v. FARMERS INS. EXCHANGE

No. 97CA0439.

983 P.2d 71 (1998)

Thomas SMITH, Plaintiff-Appellee and Cross-Appellant, v. FARMERS INSURANCE EXCHANGE and Mid-Century Insurance Company, Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. V.

Rehearing Denied January 21, 1999.

Certiorari Granted September 7, 1999.

Attorney(s) appearing for the Case

Steven T. Nolan, P.C., Steven T. Nolan, Colorado Springs, Colorado; Winston & Winston, P.C., Joseph R. Winston, Hayden Winston, Colorado Springs, Colorado, for Plaintiff-Appellee and Cross-Appellant.

Retherford, Mullen, Johnson & Bruce, L.L.C., Neil C. Bruce, Anthony A. Johnson, Colorado Springs, Colorado for Defendants-Appellants and Cross-Appellees.

Opinion by Judge TAUBMAN.

In this action for breach of an insurance contract, defendants, Farmers Insurance Exchange and Mid-Century Insurance Company (insurers), appeal from a jury verdict in favor of plaintiff, Thomas Smith, awarding him $33,300.89. Smith cross-appeals from the trial court's denial of his request for treble damages, statutory interest, and attorney fees. We affirm in part, reverse in part, and remand for further proceedings.

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