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Scoggins v. Unigard Insurance Co.2/14/1994
We granted certiorari to determine whether a passenger in an automobile may recover personal injury protection (PIP) benefits under the driver's policy when the automobile involved in the accident is not described in the policy. In Scoggins v. Unigard Insurance Co., 857 P.2d 488 (Colo. App. 1993), the court of appeals held that PIP benefits only extend to passengers injured while occupying an automobile that is described in a complying policy. We agree and, accordingly, we affirm the court of appeals.
I
On April 4, 1989, Angelique Scoggins (Scoggins) was a passenger in a vehicle operated by Joseph Martinez (Martinez) and was severely injured as the result of the alleged negligence of Martinez. The owner of the vehicle was not insured. Although Martinez did not have personal liability or automobile insurance, his parents had a policy issued by Unigard Insurance Co. (Unigard) that provided coverage to Martinez as an additional insured. The Unigard policy did not list the automobile involved in the accident as an insured vehicle.
Unigard acknowledged liability coverage for Martinez and paid Scoggins' liability claim. Unigard also admitted no-fault PIP coverage for Martinez but denied PIP benefits to Scoggins.
Scoggins filed a civil action for damages against Martinez and the estate of the deceased owner based on allegations of negligent operation and negligent entrustment of the automobile. Scoggins also filed a separate claim against Unigard alleging she was entitled to PIP benefits under the policy issued by Unigard to Martinez's parents. In November of 1991, Scoggins' liability claim was settled for the full amount of the Unigard liability policy. Therefore, the only remaining issue was Scoggins' claim against Unigard for PIP benefits.
Unigard filed a motion for summary judgment in the district court asserting that the policy issued to Martinez's parents did not obligate Unigard to provide no-fault and PIP benefits. Scoggins filed a cross-motion for summary judgment asserting that Unigard was required to pay her the benefits. On December 18, 1991, after Unigard stipulated that Martinez was the driver, the district court entered judgment against Unigard.
Unigard appealed and the court of appeals reversed the district court. The court of appeals held that Scoggins was not entitled to PIP benefits under Martinez's parents policy because "statutory PIP coverage for passengers extends only to injuries sustained while occupying a vehicle described in a complying policy." Scoggins, 857 P.2d 488 at 491. We agree with the court of appeals.
II
No-fault insurance is provided in the Colorado Auto Accident Reparations Act (No-Fault Act). ยงยง 10-4-701 through 725, 4A C.R.S. (1987 & 1993 Supp.). PIP coverage is required by the No-Fault Act and PIP benefits are payable without regard to fault. While liability insurance is also a part of the No-Fault Act, it is distinct from PIP benefits because liability insurance provides coverage based on fault. Liability is not an issue in this case.
A
The No-Fault Act governs rights and liabilities for personal injuries resulting from automobile accidents, including personal injury protection for medical benefits. Tate v. Industrial Claim Appeals Office, 815 P.2d 15 (Colo. 1991). The legislative declaration of the No-Fault Act states the purpose of the General Assembly in enacting the statute:
Legislative declaration. The general assembly declares that its purpose in enacting this part 7 is to avoid inadequate compensation to victims of automobile accidents;
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