Colorado Automobile Accident Litigation & Insurance Handbook (CBA)

Front Matter

• Front Matter

Chapter 1 Overview of the Colorado Motor Vehicle Insurance Law

• Chapter 1 - CHAPTER 1 OVERVIEW OF THE COLORADO MOTOR VEHICLE INSURANCE LAW
• Chapter 1 - § 1.1 • INTRODUCTION
• Chapter 1 - § 1.2 • OVERVIEW OF THE FORMER NO-FAULT ACT
• Chapter 1 - § 1.3 • THE CURRENT SYSTEM

Chapter 2 Uninsured and Underinsured Motorist Claims and Coverage

• Chapter 2 - CHAPTER 2 UNINSURED AND UNDERINSURED MOTORIST CLAIMS AND COVERAGE
• Chapter 2 - § 2.1 • INTRODUCTION
• Chapter 2 - § 2.2 • STATUTORY REQUIREMENT FOR INSURERS TO OFFER UM AND UIM COVERAGE
• Chapter 2 - § 2.3 • STACKING OF COVERAGES
• Chapter 2 - § 2.4 • CAUSATION ISSUES
• Chapter 2 - § 2.5 • WHO IS AN "INSURED" FOR PURPOSES OF UM|UIM COVERAGE? — WHAT IS AN "UNINSURED MOTOR VEHICLE"?
• Chapter 2 - § 2.6 • WHO IS AN "UNINSURED MOTORIST" FOR PURPOSES OF UM COVERAGE — HIT-AND-RUN ACCIDENTS
• Chapter 2 - § 2.7 • UM COVERAGE FOR DERIVATIVE CLAIMS
• Chapter 2 - § 2.8 • RESOLUTION OF UM|UIM CLAIMS — ISSUES INVOLVING ARBITRATION AND LITIGATION
• Chapter 2 - § 2.9 • EFFECT OF RELEASE OF UNINSURED MOTORIST ON INSURER'S LIABILITY — RELEASE EXECUTED BY INSURED IN FAVOR OF UNINSURED MOTORIST BARRED UM CLAIM BY INSURED AGAINST INSURER
• Chapter 2 - § 2.10 • LIABILITY OF INSURER FOR ATTORNEY FEES AND PREJUDGMENT INTEREST ON DAMAGES
• Chapter 2 - § 2.11 • UIM COVERAGE — PURSUIT AND EXHAUSTION OF CLAIMS AGAINST UNDERINSURED DRIVER AS PREREQUISITE TO COVERAGE
• Chapter 2 - § 2.12 • INSURED'S RIGHT OF ACTION AGAINST INSURER FOR BREACH OF DUTY TO OFFER UM|UIM COVERAGE AND|OR COVERAGE WITH HIGHER LIMITS THAN LIMITS OF LIABILITY COVERAGE — REFORMATION OF POLICY
• Chapter 2 - § 2.13 • COMPLIANCE WITH POLICY NOTICE REQUIREMENTS
• Chapter 2 - § 2.14 • PUBLIC POLICY ISSUES
• Chapter 2 - § 2.15 • DETERMINATION OF AMOUNT OF UIM COVERAGE
• Chapter 2 - § 2.16 • CONFLICT OF LAWS
• Chapter 2 - § 2.17 • STATUTE OF LIMITATIONS APPLICABLE TO UM|UIM CLAIMS
• Chapter 2 - § 2.18 • AN INSURER MAY HAVE A DUTY TO BIFURCATE UNDISPUTED DAMAGES AND ISSUE PIECEMEAL PAYMENTS PRIOR TO THE RESOLUTION OF THE CLAIM

Chapter 3 Automobile Liability Claims and Liability Insurance

• Chapter 3 - CHAPTER 3 AUTOMOBILE LIABILITY CLAIMS AND LIABILITY INSURANCE
• Chapter 3 - § 3.1 • INTRODUCTION
• Chapter 3 - § 3.2 • NO-FAULT THRESHOLD REQUIREMENT (REPEALED)
• Chapter 3 - § 3.3 • NO RIGHT TO RECOVERY OF AMOUNTS PAID OR PAYABLE AS PIP BENEFITS (REPEALED)
• Chapter 3 - § 3.4 • ISSUES RELATING TO LIABILITY AND DAMAGES IN LITIGATION OF MOTOR VEHICLE ACCIDENT CLAIMS
• Chapter 3 - § 3.5 • DISCOVERY AND EVIDENTIARY ISSUES IN MOTOR VEHICLE ACCIDENT CASES
• Chapter 3 - § 3.6 • STATUTE OF LIMITATIONS GOVERNING MOTOR VEHICLE LIABILITY CLAIMS
• Chapter 3 - § 3.7 • PUBLIC POLICY CONSIDERATIONS — PERMISSIBLE AND IMPERMISSIBLE POLICY EXCLUSIONS IN MOTOR VEHICLE LIABILITY POLICIES
• Chapter 3 - § 3.8 • LIABILITY COVERAGE FOR PERMISSIVE USERS
• Chapter 3 - § 3.9 • OBLIGATION OF INSURER TO PAY PREJUDGMENT INTEREST
• Chapter 3 - § 3.10 • STACKING OF LIABILITY COVERAGE
• Chapter 3 - § 3.11 • WHEN DOES AN ACCIDENT OR INJURY ARISE OUT OF THE OPERATION, MAINTENANCE, OR USE OF A MOTOR VEHICLE?
• Chapter 3 - § 3.12 • PRIMACY OF LIABILITY COVERAGES — APPORTIONMENT OF COVERAGE WHERE EXCESS CLAUSES CONFLICT
• Chapter 3 - § 3.13 • INSURED'S DUTIES — COMPLIANCE WITH POLICY NOTICE REQUIREMENTS
• Chapter 3 - § 3.14 • INSURANCE COVERAGE FOR NEGLIGENT ENTRUSTMENT CLAIMS
• Chapter 3 - § 3.15 • DUTY OF SELF-INSURERS
• Chapter 3 - § 3.16 • WHO IS AN "INSURED" FOR PURPOSES OF LIABILITY COVERAGE — COVERAGE FOR NON-OWNED VEHICLES AND RESIDENTS OF INSURED'S HOUSEHOLD AND EXCLUSIONS FROM COVERAGE
• Chapter 3 - § 3.17 • DECLARATORY JUDGMENT ACTIONS
• Chapter 3 - § 3.18 • COVERAGE LIMITS
• Chapter 3 - § 3.19 • MISREPRESENTATION BY INSURED — EFFECT ON COVERAGE
• Chapter 3 - § 3.20 • MISCELLANEOUS

Chapter 4 Litigation of Motor Vehicle Liability Claims Under Colorado's Tort System

• Chapter 4 - CHAPTER 4 LITIGATION OF MOTOR VEHICLE LIABILITY CLAIMS UNDER COLORADO'S TORT SYSTEM
• Chapter 4 - § 4.1 • INTRODUCTION
• Chapter 4 - § 4.2 • THE ELIMINATION OF THE THRESHOLD REQUIREMENT
• Chapter 4 - § 4.3 • DAMAGES RECOVERABLE UNDER THE TORT SYSTEM
• Chapter 4 - § 4.4 • SUBROGATION CLAIMS AND LIENS
• Chapter 4 - § 4.5 • APPLICATION OF THE COLLATERAL SOURCE RULE

Appendix A

• APPENDIX A

Appendix B

• APPENDIX B

Table of Authorities

• TABLE OF AUTHORITIES

Subject Index

• SUBJECT INDEX