Legal Opinion

DeHerrera v. American Family Mutual Insurance Co.

Colorado Court of Appeals

Decided March 5, 2009No. 08CA0301PublishedCited by 16 opinions

1Opinion of the Court

Opinion by

Judge LOEB.

Plaintiff insured, Gomeindo DeHerrera, appeals the district court's summary judgment in favor of defendant, American Family Mutual Insurance Company. We affirm.

I. Background and Procedural History

The essential facts of the case are not in dispute. On September 24, 2004, DeHerr-era, an American Family policy holder, was injured in an automobile accident with Carroll Worm. American Family paid $5,000 to various medical providers for DeHerrera's medical expenses. DeHerrera's automobile insurance policy included an express subro-gation clause, which read:

Our Recovery Rights…

2Cases cited18 opinions

  1. Goodson v. American Standard Insurance Co. of WisconsinSupreme Court of Colorado · 2004
  2. Destefano v. GrabrianSupreme Court of Colorado · 1988
  3. Cotter Corp. v. American Empire Surplus Lines Insurance Co.Supreme Court of Colorado · 2004
  4. A.C. Excavating v. Yacht Club II Homeowners Ass'nSupreme Court of Colorado · 2005
  5. People v. MiltonSupreme Court of Colorado · 1987

13 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Reigel v. SavaSeniorCare L.L.C.Colorado Court of Appeals · 2011
  2. In re the Interest of BlackColorado Court of Appeals · 2018
  3. Glover v. InnisColorado Court of Appeals · 2011
  4. Rinker v. Colina-LeeColorado Court of Appeals · 2019
  5. Leprino Foods Co. v. Factory Mutual InsuranceCourt of Appeals for the Tenth Circuit · 2011

11 more not listed; retrieve them via the Exa API.

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