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FARMERS INS. EXCHANGE v. BENZING

No. 07SC483.

206 P.3d 812 (2009)

FARMERS INSURANCE EXCHANGE, an insurer, and owner of Mid-Century Insurance Company; and Mid-Century Insurance Company, a California corporation, Petitioners v. Marc A. BENZING, on behalf of himself and all others similarly situated, Respondent.

Supreme Court of Colorado, En Banc.

April 27, 2009.

Attorney(s) appearing for the Case

Davis Graham & Stubbs LLP, Thomas P. Johnson, Janette L. Ferguson, Denver, Colorado, Attorneys for Petitioners.

The Carey Law Firm, Robert B. Carey, Leif Garrison, Colorado Springs, Colorado, Walter H. Sargent, a professional corporation, Walter H. Sargent, Colorado Springs, Colorado, Attorneys for Respondent.

Arnold & Porter LLP, Timothy R. MacDonald, James E. Scarboro Denver, Colorado, Attorneys for Amici Curiae Colorado Civil Justice League, Colorado Association of Commerce and Industry, Colorado Competitive Council, and Denver Metro Chamber of Commerce.

Roberts Levin Rosenberg PC, Bradley A. Levin, Alexa R. Salg, Denver, Colorado, Attorneys for Amicus Curiae The Colorado Trial Lawyers Association.

Hill & Robbins, P.C., Robert F. Hill, John H. Evans, Nathan P. Flynn, Denver, Colorado, McFarland Law Offices, Thomas D. McFarland, Golden, Colorado, Evans & McFarland, LLC, M. Gabriel McFarland, Luke McFarland, Golden, Colorado, Attorneys for Amici Curiae John Quinn, Marcia Quinn, and Lynn Young.

Justice BENDER delivered the Opinion of the Court.

Introduction

In this case, we review whether the court of appeals erred in holding that the trial court abused its discretion when it decertified the plaintiff's class. Benzing v. Farmers Ins. Exch., 179 P.3d 103 (Colo.App.2007). The plaintiff alleged, inter alia, that the defendant automobile insurance companies violated the Colorado Consumer Protection Act (CCPA...

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