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DeHERRERA v. AMERICAN FAMILY MUT. INS. CO.

No. 08CA0301.

219 P.3d 346 (2009)

Gomcindo DeHERRERA, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

March 5, 2009.

Attorney(s) appearing for the Case

McCormick & Murphy, P.C., Kirk R. McCormick, Colorado Springs, Colorado; Daniel G. Kay, Colorado Springs, Colorado, for Plaintiff-Appellant.

Jones, Waters & Geislinger, LLC, Michael R. Waters, Colorado Springs, Colorado, for Defendant-Appellee.

Opinion by Judge LOEB.

Plaintiff insured, Gomcindo DeHerrera, appeals the district court's summary judgment in favor of defendant, American Family Mutual Insurance Company. We affirm.

I. Background and Procedural History

The essential facts of the case are not in dispute. On September 24, 2004, DeHerrera, an American Family policy holder, was injured in an automobile accident with Carroll Worm. American Family paid $5,000 to various medical providers...

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