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REYHER v. STATE FARM MUT. AUTO. INS. CO.

No. 09CA1890.

280 P.3d 64 (2012)

2012 COA 58

Pauline REYHER and Dr. Wallace Brucker, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. V.

April 12, 2012.

Attorney(s) appearing for the Case

The Carey Law Firm, Robert B. Carey , Leif Garrison , Craig Valentine , Colorado Springs, Colorado; Hagens Berman LLP, Steve W. Berman , Seattle, Washington; Todd A. Travis, P.C., Todd A. Travis , Englewood, Colorado; Law Office of John Gehlhausen, John Gehlhausen , Lamar, Colorado, for Plaintiffs-Appellants.

Faegre Baker Daniels LLP, Michael S. McCarthy , Todd P. Walker , Sarah Mastalir Kellner , Denver, Colorado; Mendenhall & Malouff, H. Barton Mendenhall, II , Rocky Ford, Colorado, for Defendant-Appellee.

Opinion by Judge BOORAS.

¶ 1 Plaintiffs, Pauline Reyher and Dr. Wallace Brucker, appeal the trial court's order awarding costs and attorney fees to defendant, State Farm Mutual Automobile Insurance Company (State Farm), following the trial court's dismissal of Reyher's claims and denial of plaintiffs' class certification motion. We reverse the order and remand with directions.

I. Background

¶ 2 This is the third appeal arising from a dispute...

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