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TRIGG v. STATE FARM MUT. AUTO. INS. CO.

No. 03CA0901.

129 P.3d 1099 (2005)

Joseph M. TRIGG, Plaintiff-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Intervenor-Appellant.

Colorado Court of Appeals, Division IV.

December 29, 2005.

Attorney(s) appearing for the Case

Jeffrey R. Wheeler, P.C., Jeffrey R. Wheeler, Colorado Springs, Colorado, for Plaintiff-Appellee.

Cain & Hayter, LLP, Craig W. Cain, Debra P. Deree, Colorado Springs, Colorado, for Intervenor-Appellant.

Kaye and Bush, LLC, Bruce J. Kaye, Mari C. Bush, Denver, Colorado, for Amicus Curiae Colorado Trial Lawyers Association.

Opinion by: Judge ROY.

In this uninsured motorist action, State Farm Mutual Automobile Insurance Company (the insurer) appeals a judgment awarding Joseph M. Trigg (the insured), $44,815.05 plus costs for injuries sustained in an accident with an uninsured motorist. We reverse and remand with directions to dismiss the complaint with prejudice.

On August 2, 1997, the insured was involved in a two-car motor vehicle accident. Both the insured and the driver of...

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