SANDERSON v. AMERICAN FAMILY MUT. INS. CO.

No. 09CA1263.

251 P.3d 1213 (2010)

Leonard SANDERSON, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

November 10, 2010.


Attorney(s) appearing for the Case

The Kaudy Law Firm, L.L.C., Richard M. Kaudy , Nicole A. Spezia , Denver, Colorado, for Plaintiff-Appellant.

Sweetbaum, Levin & Sands, P.C., Jon F. Sands , Kimberle E. O'Brien , Denver, Colorado, for Defendant-Appellee.

Roberts Levin Rosenberg PC, Thomas L. Roberts , Michael J. Rosenberg , Denver, Colorado, for Amicus Curiae Colorado Trial Lawyers Association.


Opinion by Judge GABRIEL.

Plaintiff, Leonard Sanderson, appeals the district court's grant of summary judgment in favor of defendant, American Family Mutual Insurance Company (AFI), on his claim for bad faith breach of an underinsured motorist (UIM) policy. He also appeals the denial of leave to amend his complaint to assert a claim for exemplary damages based on the purported breach. Because we conclude that (1) Sanderson has failed to show a genuine issue of material...

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