United States Tenth Circuit

In an action brought by insured seeking reformation of an automobile insurance contract, summary judgment for the insurer is affirmed where 1) as a matter of law, the insurer did provide written notice of enhanced personal injury protection (PIP) coverages that were available to plaintiffs; and 2) as a matter of law, the insurer made a sufficient offer of optional enhanced PIP benefits under applicable law.

Appellate Information

• Decided 03/07/2007
• Published 03/07/2007

Judges

• ANDERSON, Circuit Judge., Before HENRY, ANDERSON, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Robert B. Carey (L. Dan Rector and Julie Cliff with him on the brief), The Carey Law Firm, Colorado Springs, CO, for Appellant.


• For Appellees:
  
• Sheryl L. Anderson (Suanne M. Dell and Jennifer S. Koran with her on the brief), Wells Anderson & Race, LLC, Denver, CO, for Appellee.