United States Tenth Circuit

Judgment and award of benefits for plaintiff, an injured pedestrian, in a class-action suit against defendant-insurer to collect extended personal injury protection benefits arising from an automobile accident is affirmed where there was no abuse of discretion in district court's findings regarding the award and its policy reformation.

Appellate Information

• Decided 12/30/2005
• Published 01/03/2006

Judges

• HENRY, Circuit Judge., Before HENRY, HOLLOWAY, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Michael S. McCarthy, (Mark W. Fischer and Marie E. Williams, with him on the briefs), Faegre & Benson, LLP, Denver, CO, for Defendant-Appellant/Cross-Appellee., Robert B. Carey, (L. Dan Rector and Leif Garrison, The Carey Law Firm, Colorado Springs, CO;  Steve W. Berman, Hagens Berman, LLP, Seattle, WA;  Walter H. Sargent, Colorado Springs, CO, with him on the briefs) The Carey Law Firm, Colorado Springs, CO, for Plaintiff-Appellee/Cross-Appellant.