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McConnell v. St. Paul Fire and Marine Insurance Co.11/14/1995
Certiorari to the Colorado Court of Appeals.
EN BANC
JUSTICE KOURLIS delivered the Opinion of the Court.
We granted certiorari to review McConnell v. St. Paul Fire and Marine Insurance Co., 894 P.2d 11 (Colo. App. 1994), denying Carol McConnell, the plaintiff, personal injury protection benefits for injuries she sustained in an automobile accident. The court of appeals held that the Colorado Auto Accident Reparations Act, sections 10-4-701 to -725, 4A C.R.S. (1994 & 1995 Supp.) ("No-Fault Act"), does not mandate coverage for a passenger riding in a vehicle without consent from an insured, regardless of the passenger's good faith belief to the contrary. See McConnell, 894 P.2d at 13. We affirm the judgment of the Colorado Court of Appeals.
I.
The facts pertinent to this appeal are not in dispute and derive from the parties' attachments to their respective summary judgment motions before the trial court.
Carol McConnell, the plaintiff below and the petitioner here, was injured while riding as a passenger in an automobile driven by Byron Brewer and owned by James Dart. James Dart is the father of Brewer's girlfriend, Jean Dart. James Dart allowed his daughter primary use of the vehicle but forbade Brewer, an unlicensed driver, to drive it. Brewer was aware of this prohibition. James Dart maintained insurance on the car through St. Paul Fire and Marine Insurance Company (St. Paul), the respondent. Brewer also maintained automobile insurance for himself through Mid-Century Insurance Company (Mid-Century).
On July 20, 1991, Jean Dart parked the vehicle in front of Brewer's apartment and left the keys for the vehicle inside the apartment. Jean had specifically told Brewer on prior occasions that he was not allowed to use the car. However, Brewer did use the car at least once and at that time offered McConnell transportation. When McConnell accepted the ride, she was unaware that Brewer was forbidden from using the vehicle and that he was driving without a license. While Brewer was driving the vehicle, he lost control and an accident occurred. McConnell was injured and incurred damages in the amount of approximately $20,000 for medical expenses and approximately $7,000 for lost wages. She sought recovery for these expenses from St. Paul under James Dart's insurance policy. McConnell also sought recovery from Mid-Century Insurance Company (Mid-Century) under Brewer's automobile insurance policy.
St. Paul and Mid-Century denied coverage and McConnell filed the present suit. St. Paul, McConnell, and Mid-Century filed cross-summary judgment motions. The St. Paul insurance policy provided coverage for "any other person who sustains bodily injury while occupying a motor vehicle with the consent of the named insured." St. Paul argued that McConnell was not covered by James Dart's insurance policy because she was not occupying the car with consent at the time of the accident. McConnell and Mid-Century argued that the No-Fault Act required the St. Paul insurance policy to cover McConnell because she had a good faith belief that she had permission to occupy the car.
The trial court interpreted the No-Fault Act to mandate insurance coverage for individuals occupying a motor vehicle with a good faith belief that the driver has permission or authority to operate the vehicle even though the driver does not have actual authority. Thus, the trial court granted McConnell and Mid-Century's motions for summary judgment. St. Paul appealed the trial court's ruling to the Colorado Court of Appeals.
The court of appeals reversed the trial court
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