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NFU v. ESTATE OF MOSHER

No. 99CA1385.

22 P.3d 531 (2000)

NATIONAL FARMERS UNION PROPERTY AND CASUALTY COMPANY, Plaintiff-Appellee, v. ESTATE OF Donald E. MOSHER, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Certiorari Denied May 14, 2001.

Attorney(s) appearing for the Case

Zupkus & Angell, P.C., Robert A. Zupkus, Merle M. Troeger, Denver, Colorado, for Plaintiff-Appellee.

Miller, Makkai & Dowdle, Alexander J. Makkai, Jr., Antonio Bates Bernard, P.C., John L. Wheeler, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge DAILEY.

In this declaratory judgment action, plaintiff, Estate of Donald E. Mosher (Estate), appeals from the summary judgment in which the trial court ruled that defendant, National Farmers Union Property and Casualty Company (NFU), was not obligated to pay Personal Injury Protection (PIP) benefits to its insured, the decedent, Donald E. Mosher.

At issue is whether, under § 10-4-707(1)(a), C.R.S.1999, of the Colorado Auto Accident Reparations...

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