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Martinez v. Allstate Insurance Company12/11/1997
e prima facie force of a certificate of title that contains no lien notation); McCall v. Roper, 32 Colo. App. 352, 511 P.2d 541 (1973).
Here, Allstate overcame the statutory presumption of ownership of the motorcycle by the sister. Martinez and his sister both admitted that the sole reason for titling the vehicle in the sister's name was to avoid any property dispute with Martinez' wife in the dissolution of marriage proceeding. Martinez had purchased the motorcycle with his own funds and had the exclusive right to possess, use, and enjoy it. Hence, we conclude that Martinez held the legal title to the vehicle and that he was, thus, injured as a result of the operation of his own motorcycle.
For these reasons, we find no error in the trial court's Conclusion.
Because of this resolution, we need not address Martinez' remaining contentions.
The judgment is affirmed.
JUDGE RULAND and JUDGE KAPELKE concur.
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