United States Tenth Circuit
Lovell v. State Farm Mut. Auto. Ins. Co., 04-1429
In a putative class action lawsuit seeking reimbursement and declaratory relief from plaintiffs' automobile insurer for the diminution in value of their vehicles, which were damaged in accidents and then repaired, dismissal of a plaintiff's claims is affirmed where: 1) the district court had subject matter jurisdiction over the matter; and 2) the Colorado Auto Reparations Act or "No Fault Act" did not require the insurer to pay diminished value compensation under its collision coverage of plaintiff's vehicle, and plaintiff's insurance policy contained an enforceable exclusion of such coverage.
Appellate Information
- Decided 10/19/2006
- Published 10/19/2006
Judges
- JOHNSON, District Judge., Before KELLY and BRISCOE, Circuit Judges, and JOHNSON, District Judge.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Michael G. Sawaya (Donald J. Banovitz with him on the briefs), Sawaya, Rose & Sawaya, P.C., Denver, CO, for Plaintiff-Appellant.
- For Appellees:
- Heather Perkins (Michael S. McCarthy and Michael S. Freeman with her on the briefs), Faegre & Benson, LLP, Denver, CO, for Defendant-Appellee.