JACOX v. AMERICAN FAMILY MUT. INS. CO.

No. 11CA1700.

317 P.3d 1242 (2012)

2012 COA 170

Annabell JACOX, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Appellee.

Colorado Court of Appeals, Div. VII.

October 11, 2012.


Attorney(s) appearing for the Case

Anderson, Hemmat & Levine, LLC, Chad P. Hemmat , Ethan A. McQuinn , Denver, Colorado; The Folwer Law Firm, LLC, Timms R. Fowler , Fort Collins, Colorado, for Plaintiff-Appellant.

Jones, Waters, Geislinger & Seymour, LLC, David L. Geislinger , Colorado Springs, Colorado, for Defendant-Appellee.

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


Opinion by Judge HAWTHORNE.

¶ 1 In this underinsured motorist (UIM) coverage action, we affirm the district court's order granting a motion filed by defendant, American Family Mutual Insurance Company, and determining that plaintiff, Annabell Jacox, is not legally entitled to UIM benefits.

I. Facts

¶ 2 Jacox was a passenger in Winferd Loper's vehicle when Loper fell asleep at the wheel, resulting in a one-car accident in which Jacox suffered...

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