Breaux v. American Family Mutual Insurance

BRISCOE, Circuit Judge.

Robert Reffel, Martin Persichitte, and Michael Whitehead (“plaintiffs”) brought this diversity action against American Family Mutual Insurance Co. (“American Family”), alleging that by failing to disclose, offer, and provide certain personal injury protection (“PIP”) coverage, American Family: (1) violated the Colorado Auto Accident Reparations Act (“CAARA” [Colo.Rev.Stat. § 10-4-701 et seq. (repealed July 1, 2003) ]); (2) breached their insurance contracts; (3) breached their insurance contracts in bad faith; and (4) breached the implied covenant of good faith and fair…