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WAGNER v. TRAVEL. PROP. CAS. CO. OF AMERICA

No. 07CA2112.

209 P.3d 1119 (2008)

Douglas WAGNER, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, f/k/a Travelers Indemnity Company of Illinois, Defendant-Appellee, and Colorado Trial Lawyers Association, Amicus Curiae.

Colorado Court of Appeals, Div. IV.

Rehearing Denied December 31, 2008.

Certiorari Denied June 22, 2009.

Attorney(s) appearing for the Case

Hill & Robbins, P.C., Robert F. Hill, John H. Evans, Jr., Nathan P. Flynn, Denver, Colorado; Evans & McFarland, LLC, J. Luke McFarland, M. Gabriel McFarland, Golden, Colorado; McFarland Law Offices, Zachary C. McFarland, Thomas D. McFarland, Golden, Colorado, for Plaintiff-Appellant.

Montgomery, Kolodny, Amatuzio & Dusbabek, L.L.P., C. Michael Montgomery, Erik R. Neusch, Denver, Colorado, for Defendant-Appellee.

Roberts Levin Rosenberg, PC, Bradley A. Levin, Denver, Colorado, for Amicus Curiae Colorado Trial Lawyers Association.

Opinion by Judge ROY.

Plaintiff, Douglas Wagner (Wagner), individually and on behalf of all others similarly situated, appeals the trial court's summary judgment in favor of Travelers Property Casualty Company of America (Travelers) on all of his claims. We vacate the judgment and remand the case for further proceedings consistent with this opinion.

I. Summary

The issue presented for review, as framed by Wagner, is as follows:

Whether Travelers...

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