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KISSELMAN v. AMERICAN FAMILY MUT. INS. CO.

No. 10CA1453.

292 P.3d 964 (2011)

David KISSELMAN, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. VI.

December 8, 2011.

Attorney(s) appearing for the Case

The Gold Law Firm, L.L.C., Gregory A. Gold , Nelson Boyle , Greenwood Village, Colorado; Bahr & Kreidle, P.C., Michael P. Bahr , Littleton, Colorado; Law Offices of Michael P. Fossenier, Michael P. Fossenier , Denver, Colorado, for Plaintiff-Appellant.

Lambdin & Chaney, LLP, Suzanne J. Lambdin , Michael G. Paul , Denver, Colorado, for Defendant-Appellee.

Roberts Levin Rosenberg, P.C., Michael J. Rosenberg , Denver, Colorado, for Amicus Curiae Colorado Trial Lawyers Association.

Opinion by Judge LOEB.

Plaintiff, David Kisselman, appeals the district court's order, pursuant to C.R.C.P. 56(h), that sections 10-3-1115 and -1116, C.R.S.2011, were "inapplicable" in this action against defendant, American Family Mutual Insurance Company. We reverse and remand with directions.

I. Background and Procedural History

On April 4, 2005, Kisselman was injured in a car accident caused by an underinsured driver. At the time of the accident...

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