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Colby v. Progressive Casualty Insurance Co.12/16/1996
EN BANC
In Colby v. Progressive Casualty Insurance Company, 908 P.2d 1170 (Colo. App. 1995), the court of appeals held that respondent, Progressive Casualty Insurance Company (Progressive), satisfied its obligations to pay rehabilitation benefits to petitioner, R.W. Colby (Colby), pursuant to section 10-4-706(1)(c), 4A C.R.S. (1987), of the Colorado Auto Accident Reparations Act (the Act) by paying Colby $50,000. In so doing, the court of appeals reversed the contrary summary judgment entered by the trial court. In Thompson v. Budget Rent-A-Car Systems, Inc., No. 94CV193 (Larimer County Dist. Ct., Oct. 14, 1994; Dec. 23, 1994; and Jan. 19, 1995), the trial court entered three partial summary judgments in favor of petitioner Carol Thompson and against respondent Budget Rent-A-Car Systems, Inc. (Budget), holding that Budget's obligation to pay rehabilitation benefits to Thompson was not limited to $50,000 pursuant to section 10-4-706(1)(c). We granted Colby's petition for certiorari review of the propriety of the court of appeals' decision in Colby and also granted Thompson's petition, filed pursuant to C.A.R. 50, for pre-judgment certiorari review of the propriety of the trial court's three judgments in Thompson to review the conflicting constructions of the provisions of section 10-4-706(1)(c) reflected therein. For the reasons stated below, we affirm the judgment of the court of appeals in Colby, reverse the judgments of the trial court in Thompson, and remand each case to the appropriate trial court for further proceedings consistent with this opinion.
I
A
While traveling as a passenger in a vehicle driven by Thomas Sumners, Colby's ward, Dean Colby, sustained a broken neck in a traffic accident on March 27, 1993, and is a quadriplegic. Sumners at that time owned a no-fault insurance policy issued by respondent Progressive that provided coverage for rehabilitation benefits in the amount of $50,000. Progressive paid $50,000 in rehabilitation benefits for the benefit of Dean Colby within one year of the accident, but refused to pay additional rehabilitation benefits for rehabilitation expenses incurred by Dean Colby.
Colby commenced this declaratory judgment action as guardian for Dean Colby seeking a determination that Progressive was responsible for the payment of rehabilitation costs in excess of $50,000 and incurred more than five years after the accident. Both parties submitted motions for summary judgment. The trial court granted Colby's motion, denied Progressive's motion, and entered judgment in favor of Colby. The court held that section 10-4-706(1)(c)(II) created a rebuttable presumption that an insurer who has paid $50,000 within five years has satisfied its statutory obligation.
Progressive appealed, and the court of appeals reversed the trial court's judgment and remanded with directions to dismiss Colby's complaint. The court of appeals held that Sumners's insurance policy complied with the provisions of section 10-4-706(1)(c)(II) because it required Progressive to pay up to $50,000 in rehabilitation benefits. Colby, 908 P.2d at 1173. The court of appeals also concluded that the presumptive language contained in section 10-4-706(1)(c)(II) "applies to years only so that an insurer may be required to pay additional benefits if less than $50,000 has been paid within five years." Colby, 908 P.2d at 1173.
B
While traveling as a passenger in a Budget rental car driven by Steve Miles, Thompson's
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