Tucker v. Government Employees Insurance Co.

ORDER AND JUDGMENT *

Nancy L. Moritz, Circuit Judge

David Tucker sued GEICO Indemnity Company (GEICO) for breach of contract and related claims after GEICO denied Tucker’s claim for underinsured motorist (UIM) benefits. In relevant part, GEICO responded that Tucker’s insurance policy didn’t include UIM coverage because Tucker’s co-insured, acting as his agent, rejected that coverage on Tucker’s behalf. The district court agreed. Accordingly, it granted GEICO’s motion for summary judgment and dismissed the case.

Citing Colo. Rev. Stat. Ann. § 10-4-609(l)(a), Tucker argues on appeal that Colorado…