Free Notice (Other) - District Court of Colorado - Colorado

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

Document 61

Filed 11/21/2005

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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 November 18, 2005, a United States District Court Judge for the District of

Colorado issued an Order and Memorandum of Decision granting an insurer's Motion for Summary Judgment in Stickley v. State Farm Mut. Auto. Ins. Co., Civil Action No. 04-cv-01685-EWN-OES (D.Colo. November 18, 2005) (concluding that the writing requirement of C.R.S. § 10-4-706(4) does not govern offers of enhanced PIP benefits under C.R.S. § 10-4-710; that the State Farm Auto Renewal Notices and News & Notes newsletters sent to the policyholder constituted compliant offers

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

Document 61

Filed 11/21/2005

Page 2 of 3

of enhanced PIP benefits; and that absent reformation, tort and contract claims premised on the insurer's failure to pay additional benefits in excess of those contained in the policy, as issued, are not viable). A copy of that decision is attached as Exhibit A. Respectfully submitted this 21st day of November, 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

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

Document 61

Filed 11/21/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 21st day of November, 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 and I hereby certify that I have mailed or served the document to the following non CM/ECF participants in the manner indicated by the non-participants name: Gregory A. Gold, Esq. - U.S. mail postage pre-paid 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]

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