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ESTATE OF WRIGHT v. UNITED SERVICES AUTO.

No. 00CA1474.

53 P.3d 683 (2001)

ESTATE OF Michelle M. WRIGHT, by and through the Personal Representative of the Estate, Frank J. WRIGHT; Frank J. Wright, individually, on behalf of himself, and Claire Wright, the Parents of Michelle M. Wright, Plaintiffs-Appellees, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Certiorari Denied September 3, 2002.

Attorney(s) appearing for the Case

Overturf & McGath, P.C., Brandon P. Hull, Dawn-Carol Harris, Kissinger & Fellman, P.C., Kenneth S. Fellman, G. Harris Adams, Denver, CO, for Plaintiffs-Appellees.

Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, CO; Johnson & Ayd, P.C., James D. Johnson, Denver, CO, for Defendant-Appellant.

Opinion by Judge KAPELKE.

In this action arising from the death of Michelle M. Wright (decedent), defendant, United Services Automobile Association (USAA), appeals the judgment in favor of plaintiffs, decedent's parents and her estate. USAA challenges the trial court's ruling that, because decedent died as a result of a "felonious killing," the statutory cap on recovery of noneconomic damages does not apply and USAA is therefore liable for the maximum amount of uninsured...

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