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CAHILL v. AMERICAN FAMILY MUT. INS. CO.

No. 09-1200.

610 F.3d 1235 (2010)

Daniel R. CAHILL, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 28, 2010.

Attorney(s) appearing for the Case

Jeremy A. Sitcoff, (Bradley A. Levin and Michael J. Rosenberg, with him on the briefs), Roberts Levin Rosenberg PC, Denver, CO, for Plaintiff-Appellant.

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

Before TACHA, KELLY, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Daniel R. Cahill was injured in a car accident on January 14, 1998. He received benefits from his insurer, American Family Mutual Insurance Company, until March 23, 1998, when American Family said that he had exhausted the maximum benefits available. On August 14, 2007, Mr. Cahill sued American Family in Colorado state court on several state-law causes of action arising out of American Family's failure to comply with Colorado insurance law. American...

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