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

No. 04-1291.

416 F.3d 1143 (2005)

James ANDERSON, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 20, 2005.

Attorney(s) appearing for the Case

Leif Garrison (Robert B. Carey, Julie Cliff, with him on the briefs), The Cary Law Firm, Colorado Springs, CO, for Plaintiff-Appellant.

Michael S. Freeman (Michael S. McCarthy, Heather Carson Perkins, with him on the brief), Faegre & Benson, LLP, Denver, CO, for Defendant-Appellee.

Before BRISCOE, McKAY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

After suffering injuries in a motorcycle accident, Plaintiff-appellant James Anderson brought a purported class action against State Farm Mutual Automobile Insurance Co. asserting, inter alia, common law bad faith and violations of the Colorado Consumer Protection Act ("CCPA"), Colo.Rev.Stat. § 6-1-105(1)(e), (g), (u). Accepting the recommendation of the magistrate judge, the district court dismissed Anderson...

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