Fincher Ex Rel. Fincher v. Prudential Property & Casualty Insurance

ORDER AND JUDGMENT *

TERRENCE L. O’BRIEN, Circuit Judge.

On May 8, 1994, Appellant Kelly Finch-er, a pedestrian, was struck and severely injured by a vehicle. The driver was insured under an automobile liability insurance policy issued by Prudential Property and Casualty Insurance Company (“Prudential”) in April 1992. In a prior appeal, we held Fincher was entitled to reformation of the policy because Prudential’s offer of additional or enhanced personal injury protection (APIP or “enhanced PIP”) benefits to its insured did not comply with the Colorado Auto Accident Reparations Act (CAARA),…