MORRIS v. TRAVELERS INDEM. CO. OF AMERICA

No. 06-1331.

518 F.3d 755 (2008)

Cezer MORRIS, individually, and on behalf of all others similarly situated, Plaintiff-Appellant, v. TRAVELERS INDEMNITY COMPANY OF AMERICA, a Connecticut corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 29, 2008.


Attorney(s) appearing for the Case

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

Sonia S. Waisman of Morrison & Foerster LLP, Los Angeles, CA (J. Eric Elliff and Lila M. Bateman, of Morrison & Foerster LLP, Denver, CO, with her on the briefs), for Defendant-Appellee.

Before HARTZ, SEYMOUR, and McCONNELL, Circuit Judges.


SEYMOUR, Circuit Judge.

Cezer Morris ("Mr. Morris") filed this action against Travelers Indemnity Company of America ("Travelers") for failure to pay insurance benefits he claims Travelers owed him for injuries arising out of an accident involving a car insured by Travelers. The district court granted summary judgment in favor of Travelers. Mr. Morris appeals, and we reverse.

I

On January 23, 2002, Mr. Morris was involved in an automobile accident...

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