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GIAMPAPA v. AMERICAN FAMILY MUT. INS. CO.

No. 00SC468.

64 P.3d 230 (2003)

Gioacchino (Jack) GIAMPAPA, Petitioner, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Respondent.

Supreme Court of Colorado, En Banc.

February 24, 2003.

Attorney(s) appearing for the Case

Walter H. Sargent, P.C. Walter H. Sargent, Colorado Springs, Colorado, Attorney for Petitioner.

Harris, Karstaedt, Jamison & Powers, P.C., A. Peter Gregory, Englewood, Colorado, Attorney for Respondent.

William Imig, Denver, Colorado, Amicus Curiae for National Association of Independent Insurers.

Patterson, Nuss & Seymour, P.C., Franklin D. Patterson, Brian C. Proffitt, Englewood, Colorado, Amicus Curiae for Colorado Defense Lawyers Association.

Collison & Bechtold, LLC, Joan M. Bechtold, Denver, Colorado, Amicus Curiae Plaintiffs Employment Lawyers Association.

Bradley A. Levin, Christine K. Biretta, Denver, Colorado, Amicus Curiae by The Colorado Trial Lawyers Association.

Chief Justice MULLARKEY delivered the Opinion of the Court.

I. INTRODUCTION

This case clarifies the availability of non-economic damages when an insurer has willfully and wantonly breached its insurance contract.

When an insurer has wrongfully refused to pay benefits to an insured, the insured may, under certain circumstances, seek remedies under contract law, tort law, and the Colorado Auto Accident Reparations...

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