Free Supplement/Amendment - District Court of Colorado - Colorado

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

Document 58

Filed 09/02/2005

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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 August 29, 2005, a United States District Court Judge for the District of Colorado

issued an Order granting Defendants' Motion for Summary Judgment in Sigala, et al. v. Hartford Underwriters Ins. Co., Civil Action No. 04-cv-00196-REB-MJW (D.Colo. August 29, 2005) (concluding that the policy application and written policyholder notices were compliant written offers of enhanced PIP benefits, and that a purported unlawful limitation in the policy form did not render invalid subsequent valid offers of enhanced PIP benefits). A copy of that decision is attached

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

Document 58

Filed 09/02/2005

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as Exhibit A. Respectfully submitted this 2nd day of September, 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 58

Filed 09/02/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 2nd day of September, 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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