United States Tenth Circuit

In an action brought by twin brothers injured in an automobile accident against defendant-insurer claiming that they were entitled to reformation of the insurance policy purchased by one brother and his purported wife, a ruling against both of the brothers is affirmed in part, but reversed in part as to one brother where: 1) he was not a family member within the meaning of the policy at issue, and thus, he was not within the scope of an offer of additional personal injury protection (APIP) benefits and was entitled to reformation; and 2) the district court can determine on remand whether a cap should apply to the reformed policy, and also whether that plaintiff can pursue secondary claims.

Appellate Information

• Decided 02/11/2009
• Published 02/12/2009

Judges

• O'BRIEN, Circuit Judge., Before KELLY, BALDOCK and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Robert B. Carey (Julie B. Cliff with him on the briefs) The Carey Law Firm, Colorado Springs, CO, for Plaintiffs-Appellants.


• For Appellees:
  
• Stephen E. Csajaghy (Brian J. Spano with him on the briefs) Rothgerber Johnson & Lyons LLP, Denver, CO, for Defendant-Appellee.