(Download) "Ammons V. American Family Mutual Insurance Co." by Colorado Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Ammons V. American Family Mutual Insurance Co.
- Author : Colorado Court of Appeals
- Release Date : January 06, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
In this class action, plaintiffs, various individuals insured by defendant insurers, seek declaratory relief on their own behalf and as representatives of a class of Colorado residents against defendants, eleven automobile insurance companies, for defendants' alleged failure to reimburse them pursuant to the Colorado Auto Accident Reparations Act, § 10-4-701, et seq., C.R.S. (1994 Repl. Vol. 4A) (Reparations Act), for reasonable and necessary transportation expenses incurred in obtaining treatment of injuries arising from an automobile accident at a rate of $.28 per mile. In addition, plaintiffs, both individually and as class representatives, asserted claims for (1) damages for payment of transportation expenses by the insurance companies at a rate less than $.28 per mile; (2) willful and wanton failure to pay insurance benefits; (3) bad faith breach of insurance contract; and (4) exemplary damages. The trial court ruled, without specifying a particular rate, that mileage costs were reimbursable, but denied class certification. The court certified its order as final pursuant to C.R.C.P. 54(b), and both plaintiffs and the insurance companies have appealed from that determination. We affirm in part and reverse in part.