United States Tenth Circuit

In an action against defendant-insurer for failure to pay insurance benefits plaintiff claimed it owed him for injuries arising out of an accident involving a car insured by defendant, summary judgment for insurer is reversed where its written enhanced personal insurance protection coverage options were not statutorily compliant, and there was a genuine issue of material fact as to whether the verbal information provided by insurer allowed the insured to make a reasonably informed purchase decision.

Appellate Information

• Decided 02/29/2008
• Published 03/03/2008

Judges

• SEYMOUR, Circuit Judge., Before HARTZ, SEYMOUR, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Robert B. Carey (Leif Garrison with him on the briefs) of The Carey Law Firm, Colorado Springs, CO, for Plaintiff-Appellant.


• For Appellees:
  
• Sonia S. Waisman of Morrison & Foerster LLP, Los Angeles, CA (J. Eric Elliff and Lila M. Bateman, of Morrison & Foerster LLP, Denver, CO, with her on the briefs), for Defendant-Appellee.