United States Tenth Circuit

In an action brought against an injured insured against an insurer involving its personal injury protection coverage and alleged violations of the Colorado Auto Accident Reparations Act, summary judgment for insurer is affirmed as: 1) the plain meaning of Colo. Rev. Stat. section 10-4-706(4)(a) only requires insurance companies to provide written explanations of those PIP benefits detailed in section 706, e.g., reduced benefits, basic benefits or minimum benefits; 2) consequently, insurer was not required to give written explanations of enhanced PIP benefits to its insureds; and 3) insurer satisfied its obligation to "offer" plaintiff enhanced PIP benefits under section 710(2)(a).

Appellate Information

• Decided 10/10/2007
• Published 10/11/2007

Judges

• O'BRIEN, Circuit Judge., Before O'BRIEN, McCONNELL, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

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


• For Appellees:
  
• Todd P. Walker (Michael S. McCarthy with him on the brief), Faegre & Benson LLP, Denver, Colorado, for Defendant-Appellee.