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BREAUX v. AMERICAN FAMILY MUT. INS. CO.

Nos. 07-1136, 07-1446.

554 F.3d 854 (2009)

Kimberley BREAUX; Lori Chambers; Crystal Hamrick, Plaintiffs, and Martin Persichitte; Robert W. Reffel; Michael Whitehead, Plaintiffs-Appellants, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 6, 2009.

Attorney(s) appearing for the Case

Megan E. Waples (Robert B. Carey and Julie B. Cliff, on the briefs), of The Carey Law Firm, Colorado Springs, CO, for Plaintiffs-Appellants.

A. Peter Gregory (Robert W. Harris, with him on the brief), of Harris, Karstaedt, Jamison & Powers, P.C., Englewood, CO, for Defendant-Appellee.

Before BRISCOE, EBEL, and MURPHY, Circuit Judges.

BRISCOE, Circuit Judge.

Robert Reffel, Martin Persichitte, and Michael Whitehead ("plaintiffs") brought this diversity action against American Family Mutual Insurance Co. ("American Family"), alleging that by failing to disclose, offer, and provide certain personal injury protection ("PIP") coverage, American Family: (1) violated the Colorado Auto Accident Reparations Act ("CAARA" [Colo.Rev.Stat. § 10-4-701 et seq...

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