Free Supplement/Amendment - District Court of Colorado - Colorado

Case 1:03-cv-01969-CAB-MEH

Document 62

Filed 12/15/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 03-cv-1969-CAB-OES KUNAL PADHIAR, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Defendant. ______________________________________________________________________________ NOTICE OF SUPPLEMENTAL AUTHORITY ______________________________________________________________________________ Defendant State Farm Mutual Automobile Insurance Company ("State Farm"), by and through its attorneys, Sheryl L. Anderson of Wells, Anderson & Race LLC and pursuant to D.C.COLO.LCivR 7.1(E), hereby gives notice to the Court of a recent Colorado court decision which may impact the Court's resolution of Defendant's Motion for Summary Judgment [Docket No. 40, filed September 1, 2004] and Defendant's Response to Plaintiff's Motion for Partial Summary Judgment [Docket No. 48, filed September 28, 2004]. 1. On December 9, 2005, the United States Court of Appeals for the Tenth Circuit

issued an Order and Judgment affirming the decision of the United States District Court for the District of Colorado in Steven R. Johnson v. State Farm Mut. Auto. Ins. Co., Civil Action No. 041550 (10th Cir. December 9, 2005). In that case, the court was called upon to determine whether an insurer's offer of enhanced PIP benefits was sufficient to comply with C.R.S. § 10-4-710. The district court granted the insurer's Motion for Summary Judgment and the Tenth Circuit affirmed.

Case 1:03-cv-01969-CAB-MEH

Document 62

Filed 12/15/2005

Page 2 of 2

A copy of that decision is attached as Exhibit A. Respectfully submitted this 15th day of December, 2005. Respectfully submitted, By: s/Sheryl L. Anderson Sheryl L. Anderson - [email protected] Suanne M. Dell- [email protected] WELLS, ANDERSON & RACE LLC 1700 Broadway, Suite 1020 Denver, CO 80290; 303/830-1212 Attorneys for Defendant

CERTIFICATE OF SERVICE I hereby certify that on this 15th day of December, 2005, I electronically filed the foregoing NOTICE OF SUPPLEMENTAL AUTHORITY with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: L. Dan Rector, Esq.- [email protected] Leif Garrison, Esq. - [email protected] Julie Bettencourt Cliff, Esq. - [email protected] The Carey Law Firm 2301 East Pikes Peak Avenue Colorado Springs, CO 80909 Gregory A. Gold, Esq. - [email protected] Kiel, Trueax & Gold, P.C. 7375 East Orchard Road, Suite 300 Greenwood Village, CO 80111 s/Sheryl L. Anderson Sheryl L. Anderson, Esq. Attorney for Defendant Wells, Anderson & Race LLC 1700 Broadway, Suite 1020 Denver, CO 80290; 303/830-1212 [email protected] 2