Colorado School Districts Self Insurance Pool v. J.P. Meyer Trucking and Construction, Inc.

996 P.2d 257, 1999 WL 1024029
CourtColorado Court of Appeals
DecidedApril 10, 2000
Docket98CA1865
StatusPublished
Cited by2 cases

This text of 996 P.2d 257 (Colorado School Districts Self Insurance Pool v. J.P. Meyer Trucking and Construction, Inc.) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Colorado School Districts Self Insurance Pool v. J.P. Meyer Trucking and Construction, Inc., 996 P.2d 257, 1999 WL 1024029 (Colo. Ct. App. 2000).

Opinions

Opinion by

Judge ROTHENBERG.

Defendants, J.P. Meyer Trucking & Construction, Inc., and Lawrence B. Johnson, appeal an order denying their motion for dismissal, or in the alternative, their motion for judgment on the pleadings. The primary issue in this appeal is whether plaintiff, Colorado School Districts Self Insurance Pool (Self Insurance Pool), may bring a direct action against defendants to recover personal injury protection (PIP) benefits that the Self Insurance Pool paid under the Colorado Auto Accident Reparations Act, § 10-4-701, et seq., C.R.S.1999 (the No-Fault Act); or whether the Self Insurance Pool is subject to mandatory arbitration. We hold that because the Self Insurance Pool is not “an insurer licensed to write motor vehicle insurance” in Colorado within the meaning of § 10^4-717, C.R.S.1999, and therefore not subject to the mandatory arbitration requirement, it may bring a direct action against defendants to recover PIP benefits. Accordingly, we affirm.

This action arose out of a motor vehicle accident involving defendants’ dump truck and a school bus owned by the Denver Public Schools and insured by the Self Insurance Pool. Following the accident, the Self Insurance Pool paid PIP benefits on behalf of several passengers injured in the accident.

The Self Insurance Pool brought this action to recover from defendants the amount paid in PIP benefits. The defendants moved to dismiss, contending the trial court lacked jurisdiction to proceed because the matter was subject to mandatory arbitration under § 10-4-717.

The trial court denied defendants’ motion, but its order was not made final under C.R.C.P. 54(b). Defendants appeal from the order denying their motion for dismissal, or in the alternative, their motion for judgment on the pleadings.

I.

Initially, we address and reject the Self Insurance Pool’s contention that this court lacks jurisdiction to consider the appeal because no final judgment was entered in the case. We conclude we have jurisdiction under § 13-22-221(l)(a), C.R.S.1999.

An appellate court may not review interlocutory orders without specific authorization by statute or rule. Absent such authorization, interlocutory orders may be reviewed only after entry of a final judgment. Mission Viejo Co. v. Willows Water District, 818 P.2d 254 (Colo.1991).

The No-Fault Act does not authorize interlocutory appeals. See Smith v. Edson, 888 P.2d 345 (Colo.App.1994). However, § 13-22-221(l)(a), which is a provision of the Uniform Arbitration Act (UAA), specifically authorizes an interlocutory appeal from “an order denying an application to compel arbitration [under the UAA].” See Mountain Plains Constructors, Inc. v. Torrez, 785 P.2d 928- (Colo.1990) (denial of a motion to compel arbitration is an appealable order).

The provisions of the UAA are applicable to arbitration required by the No-Fault Act. State Farm Mutual Automobile Insurance Co. v. Cabs, Inc., 751 P.2d 61 (Colo.1988).

The labeling of the motion to dismiss is not dispositive, and an order by the trial court that is “equivalent to the denial of a motion to compel arbitration” is appealable under § 13-22-221(l)(a). Camelot Investments, LLC v. LANDesign, LLC, 973 P.2d 1279, 1280 (Colo.App.1999) (order denying a [260]*260motion to dismiss based on lack of subject matter jurisdiction was equivalent to the denial of a motion to compel arbitration when the requirement of mandatory arbitration was necessarily part of the argument that trial court lacked subject matter jurisdiction).

Here, defendants asserted in their motion to dismiss that the trial court lacked subject matter jurisdiction because the matter was subject to mandatory arbitration under § 10-4-717. Thus, the trial court’s denial of defendants’ motion to dismiss was equivalent to the denial of a motion to compel arbitration, and we have jurisdiction to consider this appeal under § 13-22-221(l)(a).

II.

Defendants contend the trial court erred in concluding that the Self Insurance Pool is not “an insurer licensed to write motor vehicle insurance in this state” within the meaning of § 10-4-717, and therefore, not subject to mandatory arbitration under that statute. We disagree.

The standard of review for statutory construction is de novo. Watson v. Vouga Reservoir Ass’n, 969 P.2d 815 (Colo.App.1998).

When an accident involves a public school vehicle designed to transport seven or more passengers and a nonprivate passenger motor vehicle, the insurer of the public school vehicle has a direct cause of action against the owner, user, or operator of the nonpri-vate passenger motor vehicle to recover PIP benefits paid by the insurer. Section 10-4-713(2), C.R.S.1999. A dump truck qualifies as a nonprivate passenger motor vehicle. See Farmers Insurance Exchange v. Bill Boom Inc., 961 P.2d 465 (Colo.1998).

However, when both parties to an action under § 10-4-713(2) of the No-Fault Act are insurers “licensed to write motor vehicle insurance in this state,” § 10-4-717 provides that the sole remedy for recovery of PIP benefits is “mandatory, binding intercompa-ny arbitration.” A direct cause of action may not be brought against the owner, user, or operator of the nonprivate passenger motor vehicle to recover such benefits. See Baumgart v. Kentucky Farm Bureau Mutual Insurance Co., 199 Colo. 330, 607 P.2d 1002 (1980).

Because § 10-4-717 only applies to insurers “licensed to write motor vehicle insurance” in Colorado, the determinative issue is whether the Self Insurance Pool is such an insurer. We conclude that it is not.

The Self Insurance Pool was constituted under § 24-10-115.5, C.R.S.1999, which provides in relevant part that:

(1) Public entities may cooperate with one another to form a self-insurance pool to provide all or part of the insurance coverage authorized by this article or by section 29-5-111, C.R.S., for the cooperating public entities. Any such self-insurance pool may provide such coverage by the methods authorized in sections 24-10-115(2) and 24-10-116(2), by any different methods if approved by the commissioner of insurance, or by any combination thereof....
(2) Any self-insurance pool authorized by subsection (1) of this section shall not be construed to be an insurance company nor otherwise subject to the provisions of the laws of this state regulating insurance or insurance companies; except that the pool shall comply with the applicable provisions of sections 10-1-203 and 10-1-204(1) to (5) and (10), C.R.S. (emphasis added).

Sections 10-1-203 and 10-1-204, C.R.S.

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Related

Jp Meyer Truck. v. Colo. Sch. Dist. Ins.
18 P.3d 198 (Supreme Court of Colorado, 2001)

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996 P.2d 257, 1999 WL 1024029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colorado-school-districts-self-insurance-pool-v-jp-meyer-trucking-and-coloctapp-2000.