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AMERICAN FAMILY MUT. INS. CO. v. DEWITT

No. 08SC308.

218 P.3d 318 (2009)

AMERICAN FAMILY MUTUAL INSURANCE CO., Petitioner v. Ed DeWITT and Sarah Elaine DeWitt, Respondents.

Supreme Court of Colorado, En Banc.

October 13, 2009.

Attorney(s) appearing for the Case

Roger Moore, Dwight L. Pringle, Law Office of Roger Moore, Denver, CO, for Petitioner.

Craig S. Nuss, William P. Boyle, Patterson, Nuss & Seymour, P.C., Greenwood Village, CO, for Respondent.

Justice MARTINEZ delivered the Opinion of the Court.

I. Introduction

American Family Mutual Insurance Company ("American Family") brought this action against Sarah and Ed DeWitt (collectively "DeWitts"), as subrogee of its insured, Jeffrey Henderson ("Henderson"). Henderson suffered injuries after a collision with a vehicle owned by Ed DeWitt and operated by Sarah DeWitt. Henderson brought an uninsured/under insured motorist ("UM/UIM") claim against American...

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