 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Farmers Insurance Exchange v. Dotson3/18/1996
Certiorari to the Colorado Court of Appeals
EN BANC
We granted certiorari to review the court of appeals opinion in Dotson v. Estate of Pearson, 903 P.2d 19 (Colo. App. 1994), holding that a named insured exclusion in an automobile liability insurance contract is contrary to the public policy of the Colorado Auto Accident Reparations Act, sections 10-4-701 to -725, 4A C.R.S. (1994 & 1995 Supp.), and therefore, void. We affirm the judgment of the court of appeals.
I.
We derive the following facts from the parties' summary judgment motions before the trial court.
Rhonda Dotson and Robert Pearson purchased an automobile insurance policy from Farmers Insurance Exchange (Farmers), the petitioner in this action. The policy listed both Rhonda Dotson and Robert Pearson as named insureds and had an effective date of May 15, 1991 and an expiration date of June 9, 1991. The policy insured an automobile registered to and owned by Rhonda Dotson.
On June 8, 1991, Pearson was driving the insured vehicle. At the time, Rhonda Dotson was riding as a passenger in the car. For unknown reasons, Pearson lost control of the vehicle and crashed into a guard rail. Both Pearson and Rhonda Dotson were killed.
Trent Dotson, Rhonda Dotson's husband, brought suit against Robert Pearson's estate to recover for the wrongful death of his wife. On summary judgment, the trial court found Pearson liable for Rhonda Dotson's death under a theory of res ipsa loquitur. Ultimately, the trial court entered a judgment against Pearson's estate in the amount of $300,000: $50,000 represented the solatium amount pursuant to section 13-21-203.5, 6A C.R.S. (1993 Supp.), and $250,000 represented economic damages.
Trent Dotson filed a writ of garnishment against Farmers to collect under Pearson's automobile liability policy based on his judgment against Pearson's estate. The Farmers' policy provided that Farmers would pay "damages for which any insured person is legally liable because of bodily injury to any person . . . arising out of the ownership, maintenance or use of a private passenger car . . . ." Farmers filed an answer disclaiming any responsibility for Pearson's debt and Dotson filed a traverse.
Farmers then filed a motion for summary judgment claiming that the terms of the insurance policy precluded Rhonda Dotson from collecting benefits as a result of the negligence of Pearson. The policy excluded from coverage: "liability for bodily injury to an insured person." The policy defined the term "insured person" as a named insured or any family member of a named insured. Under this exclusion, Rhonda Dotson, as a named insured under the insurance policy, was precluded from recovering damages for which another individual insured under the contract was liable. Since Trent Dotson's claims against Pearson were derivative of his wife's claims and his wife was excluded from coverage, Farmers denied responsibility for Dotson's judgment against Pearson's estate.
Dotson filed a response to Farmers' motion for summary judgment and a cross motion for summary judgment. Dotson argued that the insurance policy's exclusion from liability coverage for insured persons was void as against public policy. Dotson further claimed that our decision in Meyer v. State Farm Mutual Automobile Insurance Co., 689 P.2d 585 (Colo. 1984), invalidated such exclusions as void under the Colorado Auto Accident Reparations Act, ยงยง 10-4-701 to -725, 4A C.R.S. (1994 & 1995 Supp.) (No-Fault Act). Therefore, Rhonda Dotson's claims were not precluded and
Page 1 2 3 4 5 6 7 8 9 10 11 Colorado Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|