Colorado Supreme Court Opinions

November 07, 2016

2016 CO 72. No. 14SC494. Calderon v. American Family Mutual Insurance Co.

Statutory Construction—Automobile Insurance Coverage—Automobile Insurance Setoffs— Uninsured or Underinsured Motorist Policy Coverage.

 

Calderon sustained injuries caused by an uninsured driver. Calderon was insured under policies issued by American Family Mutual Insurance Co., which paid the $5,000 policy limit of Calderon’s medical payments (MedPay) coverage but disputed the amount due under the uninsured/underinsured motorist (UM/UIM) coverage. Calderon filed suit, and the jury returned a verdict of $68,338.97 in his favor. The trial court reduced the award, pursuant to a provision of the policy agreement, by the $5,000 that had already been paid under MedPay coverage. The Court of Appeals affirmed, interpreting the language of CRS § 10-4-609(1)(c), which prohibits setoffs from “[t]he amount of the [UM/UIM] coverage available pursuant to this section,” as barring only those setoffs that would reduce the coverage limit, or $300,000. The Supreme Court reversed and held that “[t]he amount of the [UM/UIM] coverage available pursuant to this section” refers to the amount of UM/UIM coverage available on a particular claim (here, $68,338.97), rather than the amount available in the abstract (here, $300,000). Therefore, CRS § 10-4-609(1) barred the setoff of MedPay payments from Calderon’s UM/UIM claim.


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