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Geiger v. American Standard Insurance Co. of Wisconsin9/23/2004
een married persons as a matter of law simply by virtue of their marriage. Indeed, Colorado law appears to hold to the contrary. See Steele v. Gold Fissure Gold Mining Co., 42 Colo. 529, 95 P. 349 (1908)(no presumption that husband had any authority to represent wife).
For these reasons, the trial court incorrectly granted summary judgment for defendant. Accordingly, we need not address plaintiffs' remaining contentions. And in view of these conclusions, it follows that plaintiffs' claims are not substantially frivolous, groundless, or vexatious within the meaning of ยง 13-17-102. Hence, the trial court also erred in awarding attorney fees and costs to defendant.
The judgment and the orders are reversed, and the case is remanded with directions to enter judgment in favor of plaintiffs on the issue of cancellation of the policy and to conduct further proceedings consistent with this opinion.
JUDGE CARPARELLI and JUDGE HUME concur.
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