United States Tenth Circuit
CLARK v. STATE FRAM MUTUAL AUTO. INS. CO., 01-1341
In an action seeking extended personal injury protection (PIP) benefits under the Colorado Auto Accident Reparations Act, dismissal of a policy reformation claim is reversed, and the effective date of reformation is an equitable decision to be determined by the trial court based on the particular circumstances of each case.
Appellate Information
- Decided 02/11/2003
- Published 02/11/2003
Judges
- MURPHY, Circuit Judge., Before BRISCOE, HOLLOWAY and MURPHY, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Robert B. Carey, (Steve W. Berman, Hagens, Berman, LLP, Seattle, Washington, with him on the briefs), The Carey Law Firm, Colorado Springs, CO, for Plaintiff-Appellant.
- For Appellees:
- Michael S. McCarthy, (Patrick T. Madigan, Marie E. Williams, with him on the brief), Faegre & Benson, LLP, Denver, CO, for Defendant-Appellee.