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ARTERY v. ALLSTATE INS. CO.

No. 98CA0181.

984 P.2d 1187 (1999)

Dennis ARTERY, Plaintiff-Appellee and Cross-Appellant, v. ALLSTATE INSURANCE COMPANY, a corporation, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. I.

August 5, 1999.

Attorney(s) appearing for the Case

Waltz & D'Antuono, Donald F. D'Antuono, Denver, Colorado, for Plaintiff-Appellee and Cross-Appellant.

Levy & Lambdin, P.C., Stuart D. Morse, L. Kathleen Chaney, Englewood, Colorado, for Defendant-Appellant and Cross-Appellee.

Opinion by Judge DAVIDSON.

In this automobile insurance case, defendant, Allstate Insurance Company (Allstate), appeals from the declaratory judgment entered in favor of plaintiff, Dennis Artery, finding that a release signed by plaintiff and an uninsured driver did not bar plaintiff from seeking uninsured motorist benefits. Plaintiff also cross-appeals from that portion of the judgment denying his request to set aside the release based on a mutual mistake of fact...

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