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Raitz v. State Farm Mutual Automobile Insurance Co.6/8/1998
Certiorari to the Colorado Court of Appeals
EN BANC
REMANDED WITH INSTRUCTIONS
CHIEF JUSTICE VOLLACK Dissents.
We granted certiorari in Raitz v. State Farm Mutual Automobile Insurance Co., 944 P.2d 657 (Colo. App. 1997), to determine whether, once a named insured of an automobile liability insurance policy consents to another's use of the insured vehicle, the Colorado Auto Accident Reparations Act, see Sections 10-4-701 to -726, 3 C.R.S. (1997) ("No-Fault Act" or "Act"), requires coverage for subsequent permittees. The court of appeals reversed the trial court's determination that petitioner Tristan Naranjo was entitled to personal injury protection ("PIP") benefits for injuries he sustained while occupying a van described in an insurance policy issued by respondent, State Farm Mutual Automobile Insurance Company ("State Farm"). The court of appeals held that coverage for Naranjo's injuries was not required because the driver of the van, Brian Raitz, was not an "insured" under the Act. See Raitz, 944 P.2d at 559-60. We hold that, under the initial permission rule, subsequent permittees ordinarily use the insured vehicle with the implied permission of the named insured. We further conclude that Raitz was an "insured" and that Naranjo therefore occupied the van with the permission of an insured. Accordingly, we reverse the decision of the court of appeals.
I.
Naranjo's claim arose out of an accident involving an older model Dodge van owned by James and Margaret Dahlin ("the Dahlins"), who are the named insureds under an automobile policy covering the van and issued by State Farm. The Dahlins gave their daughter, Kristin, general permission to drive the van. Although James Dahlin told Kristin that she was not to let others drive the van, it is undisputed that Kristin had, on several occasions, permitted others to operate the vehicle.
On October 24, 1992, Kristin drove the van, accompanied by several friends, to a party at the residence of Tim Lemley. At the party, Kristin and her friends consumed an indeterminate amount of alcohol. Some time later, Kristin's boyfriend, Alan Angelopulous, sought Kristin's permission to use the van in order to get some food. In his deposition, Angelopulous testified that he found Kristin asleep downstairs in the Lemley house, woke her, and asked her for the keys to the van so he and some other partygoers could go to a restaurant. Angelopulous further testified that Kristin woke up, saw that it was Angelopulous making the request, and handed the keys to him.
Angelopulous, Raitz, Naranjo, and one other person left the Lemley house in the van, with Naranjo driving. Later, Naranjo and Angelopulous decided to ride on the roof of the van while Raitz drove. Shortly thereafter, the van hit a drainage gutter, causing Naranjo to fall from the roof and suffer serious injuries.
Raitz, acting under an assignment of rights from Naranjo, subsequently brought this action against State Farm in Jefferson County District Court, alleging that Naranjo was entitled to PIP benefits under the terms of the Dahlins' insurance policy and the No-Fault Act. Both Raitz and State Farm subsequently filed motions for summary judgment on the issue of whether Naranjo was entitled to PIP benefits.
The trial court granted summary judgment in favor of Raitz. The court found that "Kristin had express permission [from the Dahlins] to drive the Dodge van." The court also found that, because Kristin "willingly" gave the keys to Angelopulous "without reservation," Angelopulous is an "insured" under the No-Fault Act. Relying on Bukulmez v. Hertz Corp., 710 P.2d 1117 (Colo. App. 1985), rev'd in
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