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FARMERS INS. EXCHANGE v. ALLSTATE INS. CO.

No. 06CA1399.

170 P.3d 847 (2007)

FARMERS INSURANCE EXCHANGE, as subrogor of Paul Murdoff, Sariah Murdoff, and Sheri Nisonger, Plaintiffs-Appellants, v. ALLSTATE INSURANCE COMPANY and Jerry Goedert, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

September 20, 2007.

Attorney(s) appearing for the Case

Campbell, Latiolais & Ruebel, P.C., Colin C. Campbell, Allan R. Mena, Denver, Colorado, for Plaintiffs-Appellants.

Walberg, Dagner & Tucker, P.C., Wendelyn K. Walberg, Thomas J. Eigner, Centennial, Colorado, for Defendants-Appellees.

Opinion by Judge CASEBOLT.

In this action under the now repealed No-Fault Act, plaintiff, Farmers Insurance Exchange, appeals the summary judgment in favor of defendants, Allstate Insurance Company and Jerry Goedert (collectively Allstate). The issue is whether Goedert's Ford F-350 pickup truck, which has a rated load capacity in excess of 1500 pounds, qualifies as a "nonprivate passenger motor vehicle" within the meaning of the applicable statute. If so, Farmers...

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