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BENZING v. FARMERS INS. EXCHANGE

No. 05CA1633.

179 P.3d 103 (2007)

Marc A. BENZING, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. FARMERS INSURANCE EXCHANGE, an insurer and owner of Mid-Century Insurance Company; and Mid-Century Insurance Company, a California corporation, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing May 17, 2007.

Certiorari Granted February 19, 2008.

Attorney(s) appearing for the Case

The Carey Law Firm, Robert B. Carey, L. Dan Rector, Leif Garrison, Colorado Springs, Colorado, for Plaintiff-Appellant.

Davis Graham & Stubbs, LLP, Thomas P. Johnson, Janette L. Ferguson, Denver, Colorado, for Defendants-Appellees.

Opinion by Judge WEBB.

In this putative class action concerning nondisclosure in the sale by defendants, Farmers Insurance Exchange and Mid-Century Insurance Company, of uninsured/underinsured motorist (UM/UIM) coverage, plaintiff, Marc A. Benzing, appeals the trial court order decertifying the class. We conclude that the trial court abused its discretion. Therefore, we reverse and remand for further proceedings as a class action.

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