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CHAVEZ v. ARIZONA AUTO. INS. CO.

No. 18-1473.

947 F.3d 642 (2020)

Georgiana CHAVEZ, as assignee of Marlena Whicker, Plaintiff-Appellant, v. ARIZONA AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED January 17, 2020.

Attorney(s) appearing for the Case

Marc R. Levy ( Matthew W. Hall , Levy Law PC, and DezaRae D. LaCrue and Keith R. Scranton , Franklin D. Azar & Associates, P.C., Aurora, Colorado, with him on the briefs), Levy Law PC, Englewood, Colorado, for Appellant.

Winslow R. Taylor, III ( Kurt H. Henkel and Robert S. Hunger with him on the brief), Tucker Holmes, P.C., Centennial, Colorado, for Appellee.

Before TYMKOVICH, Chief Judge, BALDOCK, and HOLMES, Circuit Judges.

While driving a car insured by Arizona Automobile Insurance Company, Marlena Whicker rear-ended a taxi and injured its passenger, Georgiana Chavez. Chavez sued Whicker in Colorado state court and won a default judgment when neither Whicker nor Arizona entered a defense. Whicker, unable to satisfy the judgment from the lawsuit...

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