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AMERICAN FAMILY MUT. INS. CO. v. DEWITT

No. 05CA2687.

216 P.3d 60 (2008)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. Ed DEWITT and Sarah DeWitt, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied March 20, 2008.

Certiorari Granted November 10, 2008.

Attorney(s) appearing for the Case

Law Office of Roger Moore, Roger Moore, Tony K. Alexander, Denver, Colorado, for Plaintiff-Appellant.

Patterson Nuss & Seymour P.C., Craig S. Nuss, William P. Boyle, Greenwood Village, Colorado, for Defendants-Appellees.

Opinion by Judge BERNARD.

In this subrogation case, plaintiff, American Family Mutual Insurance Company, appeals the judgment entered on a jury verdict in which it was awarded only $16,000 on a claim against defendants, Ed and Sarah DeWitt. At trial, American Family sought reimbursement of the $100,000 policy limits it paid its insured, Jeffrey Henderson, following a mandatory arbitration decision awarding Henderson $200,000. We affirm.

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