Giampapa v. American Family Mutual Insurance Co.

Opinion by

Judge RULAND.

Defendant, American Family Mutual Insurance Company, appeals from the judgment entered upon jury verdicts awarding plaintiff, Gioacchino (Jack) Giampapa, total damages in excess of $1.5 million on his claims for both willful and wanton breach of contract and tortious bad faith breach of contract. Plaintiff cross-appeals contending that the trial court erred in not increasing the treble damage award pursuant to § 10-4-708(1.8), C.R.S. (1994 RepLVol. 4A) of the Colorado No-Fault Act. We affirm in part, reverse in part, and remand with directions.

Plaintiff purchased a…