Legal Opinion

Benzing v. Farmers Insurance Exchange

Colorado Court of Appeals

Decided February 19, 2008No. 05CA1633PublishedCited by 4 opinions

1Opinion of the Court

Opinion by

Judge WEBB.

In this putative class action concerning nondisclosure in the sale by defendants, Farmers Insurance Exchange and Mid-Century Insurance Company, of uninsured/un-derinsured motorist (UM/UIM) coverage, plaintiff, Marc A. Benzing, appeals the trial court order decertifying the class. We conclude that the trial court abused its discretion. Therefore, we reverse and remand for further proceedings as a class action.

I. Background

After the decision in DeHerrera v. Sentry Insurance Co., 30 P.3d 167 (Colo.2001), plaintiff, who was insured by Farmers, purchased insurance that…

2Cases cited50 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  3. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  4. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  5. Basic Inc. v. LevinsonSupreme Court of the United States · 1988

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3Cited by4 opinions

  1. Globe Surgical Supply v. GEICO InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
  2. Farmers Insurance Exchange v. BenzingSupreme Court of Colorado · 2009
  3. Goldsworthy v. American Family Mutual Insurance Co.Colorado Court of Appeals · 2008
  4. Goldsworthy v. AMERICAN FAMILY MUT. IN. CO.Colorado Court of Appeals · 2008

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