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Colorado Supreme Court Opinions
March 4, 2013

2013 CO 17. No. 10SC504. Pham v. State Farm Auto. Ins. Co.
Statute of Limitations—Uninsured/Underinsured Motorist Claims—CRS § 13-80-107.5.

Steven Pham, representing the estate of the driver of a car involved in a traffic accident, as well as the deceased driver’s parents and the five passengers in his car at the time, sought review of the court of appeals’ judgment. The court of appeals affirmed a summary judgment in favor of State Farm Automobile Insurance Company on the ground that plaintiffs’ claims were barred by the statute of limitations governing underinsured motorist claims, found at CRS § 13-80-107.5(1)(b).

The Supreme Court affirmed. The Court held that plaintiffs failed to file this action or demand arbitration of their underinsured motorist claims within either three years of the accrual of their cause of action or within two years after receiving payment of a settlement or judgment on an underlying bodily injury liability claim that had been preserved as prescribed by the statute.

Colorado Supreme Court Opinions