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STATE FARM MUTUAL AUTOMOBILE INS. CO. v. PROGRESSIVE MUTUAL INS. CO.

No. 05SA369.

148 P.3d 117 (2006)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Plaintiff-Counter-Defendant-Appellant v. PROGRESSIVE MUTUAL INSURANCE COMPANY, an Ohio corporation, Defendant Vicki L. Lee, Defendant-Counter-Claimant-Appellee.

Supreme Court of Colorado, En Banc.

September 11, 2006.

Attorney(s) appearing for the Case

Patterson, Nuss & Seymour, P.C., Franklin D. Patterson, Gregg E. Kay, Englewood, Colorado, Attorneys for State Farm Mutual Automobile Insurance Company, an Illinois corporation.

William L. Keating, Alan C. Shafner, Denver, Colorado, Attorneys for Vicki L. Lee.

No appearance by or on behalf of Progressive Mutual Insurance Company, an Ohio corporation.

Justice COATS delivered the Opinion of the Court.

I.

Pursuant to 10th Cir. R. 27.1, The United States Court of Appeals for the Tenth Circuit certified to this court the following questions:

Which statute, Colo. R. Stat. § 10-4-609(2) or § 10-4-609(4)(a), should be used in the first instance to determine whether a tortfeasor's motor vehicle coverage is underinsured? If Colo. R. Stat. § 10-4-609(4)(a) is used in the first...

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