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KYLE W. LARSON ENTERPRISES, INC. v. ALLSTATE INS.

No. 11CA2205.

305 P.3d 409 (2012)

2012 COA 160

KYLE W. LARSON ENTERPRISES, INC., Roofing Experts, d/b/a The Roofing Experts, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee.

Colorado Court of Appeals, Division VII.

As Modified on Denial of Rehearing November 8, 2012.

Attorney(s) appearing for the Case

The Frankl Law Firm, PC, Keith Frankl , Denver, Colorado, for Plaintiff-Appellant.

Harris, Karstaedt, Jamison & Powers, P.C., Robert W. Harris , Arthur R. Karstaedt III, A. Peter Gregory , Englewood, Colorado, for Defendant-Appellee.

Opinion by Judge TERRY.

¶ 1 As an issue of first impression, we conclude that a repair vendor that brought a claim against an insurer on behalf of its insured is a "first-party claimant" under section 10-3-1115, C.R.S.2012, and is entitled to sue the insurer under section 10-3-1116, C.R.S.2012.

¶ 2 Plaintiff, Kyle W. Larson Enterprises, Inc., doing business as The Roofing Experts (Roofer), appeals only a portion of the trial court's summary judgment...

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