November 2016: Summaries of Published Opinions, 0117 COBJ, Vol. 46 No. 1 Pg. 111
Colorado Supreme Court
The summaries of Colorado Supreme Court published opinions are provided by the Court; the CBA cannot guarantee their accuracy or completeness. Both the summaries and full opinions, as well as the lists of petitions for rehearing and certiorari and the granted original proceedings pursuant to the Colorado Appellate Rules, are available on the CBA website, www.cobar.org (click on "For Members" and then "Opinions/Rules/Statutes"), and on the Colorado Judicial Branch website, www.courts.state.co.us (click on "Courts/Supreme Court/Case Announcements").
November 7, 2016
2016 CO 72. No. 14SC494. Calderon v. American Family Mutual Insurance Co. Statutory Construction-Automobile Insurance Coverage-Automobile Insurance Setoffs-Uninsured or Underinsured Motorist Policy Coverage.
Calderon sustained injuries caused by an uninsured driver. Calderon was insured under policies issued by American Family Mutual Insurance Co., which paid the $5,000 policy limit of Calderon's medical payments (MedPay) coverage but disputed the amount due under the uninsured/underinsured motorist (UM/UIM) coverage. Calderon filed suit, and the jury returned a verdict of $68,338.97 in his favor. The trial court reduced the award, pursuant to a provision of the policy agreement, by the $5,000 that had already been paid under MedPay coverage. The Court of Appeals affirmed, interpreting the language of CRS § 10-4-609(1 )(c), which prohibits setoffs from "[t]he amount of the [UM/UIM] coverage available pursuant to this section," as barring only those setoffs that would reduce the coverage limit, or $300,000. The Supreme Court reversed and held that "[t]he amount of the [UM/UIM] coverage available pursuant to this section" refers to the amount of UM/UIM coverage available on a particular claim (here, $68,338.97), rather than the amount available in the abstract (here, $300,000). Therefore, CRS § 10-4-609(1) barred the setoff of MedPay payments from Calderon's UM/UIM claim
November 21, 2016 2016 CO 73. No. 16SA231. People v. Cooper. Criminal Law-Evidence Suppression.
This interlocutory appeal asks whether an officer can reasonably and in good faith rely on a warrant when the warrant affidavit is devoid of...
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