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CHRISTOFFERSEN v. UNITED PARCEL SERVICE, INC.

Nos. 13-4007, 13-4013.

747 F.3d 1223 (2014)

Karen CHRISTOFFERSEN; Bart Christoffersen; KC Christoffersen; Jessie Anne Christoffersen; Phyllis Christoffersen; The Estate of Alan Christoffersen, deceased, Plaintiffs-Appellees/Appellants/Cross-Appellants, v. UNITED PARCEL SERVICE, INC., Defendant-Appellee, and Liberty Mutual Insurance Group, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

April 2, 2014.

Attorney(s) appearing for the Case

David R. Olsen ( Paul M. Simmons and Charles T. Conrad , on the briefs) of Dewsnup, King & Olsen, Salt Lake City, UT, for Plaintiffs-Appellees/Appellants/Cross-Appellants.

John R. Lund ( Melinda K. Bowen , on the briefs) of Snow, Christensen & Martineau, Salt Lake City, UT, for Defendant-Appellee United Parcel Service, Inc.

Matthew L. Lalli ( Adam C. Buck and Jessica E. Yates , on the briefs) of Snell & Wilmer L.L.P., Salt Lake City, UT, for Defendant-Appellant/Cross-Appellee Liberty Mutual Insurance Group.

Before GORSUCH, MATHESON, and BACHARACH, Circuit Judges.

BACHARACH, Circuit Judge.

Mr. Alan Christoffersen drove a truck for United Parcel Service (UPS) until he was struck and killed by an underinsured motorist. After the accident, Mr. Christoffersen's heirs sued UPS and its automobile insurer (Liberty Mutual Insurance Group), asserting claims for underinsured motorist (UIM) benefits. All parties moved for summary judgment. The district court granted UPS's motion on the ground that Utah's Worker's Compensation Act provided...

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