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LABERENZ v. AMERICAN FAMILY MUT. INS. CO.

No. 06CA0276.

181 P.3d 328 (2007)

Tania LaBERENZ and Dr. J. Bradley Gibson, Plaintiffs-Appellants, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Appellee.

Colorado Court of Appeals, Div. VI.

Rehearing Denied October 11, 2007.

Certiorari Denied April 14, 2008.

Attorney(s) appearing for the Case

The Carey Law Firm, Leif Garrison, Robert B. Carey, Colorado Springs, Colorado; Todd A. Travis, P.C., Todd A. Travis, Englewood, Colorado; Hagens Berman, LLP, Steve W. Berman, Seattle, Washington, for Plaintiffs-Appellants.

Harris, Karstaedt, Jamison & Powers, P.C., A. Peter Gregory, Heather A. Salg, Englewood, Colorado, for Defendant-Appellee.

Opinion by Judge LOEB.

Plaintiffs, Tania LaBerenz and Dr. J. Bradley Gibson, appeal the order of the district court denying their motion for class certification pursuant to C.R.C.P. 23 in this case against defendant, American Family Mutual Insurance Company. We affirm in part, reverse in part, and remand with directions.

I. Facts and Procedural Background

LaBerenz was insured under a policy with American Family when she was injured in an accident...

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