County Workers Compensation Pool v. Folk

895 P.2d 1083, 18 Brief Times Rptr. 1481, 1994 Colo. App. LEXIS 264, 1994 WL 484960
CourtColorado Court of Appeals
DecidedSeptember 8, 1994
DocketNo. 93CA1353
StatusPublished
Cited by1 cases

This text of 895 P.2d 1083 (County Workers Compensation Pool v. Folk) 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
County Workers Compensation Pool v. Folk, 895 P.2d 1083, 18 Brief Times Rptr. 1481, 1994 Colo. App. LEXIS 264, 1994 WL 484960 (Colo. Ct. App. 1994).

Opinion

Opinion by

Judge DAVIDSON.

In this subrogation action to recoup workers’ compensation benefits paid to its claimant in connection with an automobile accident, plaintiff, the County Workers Compensation Pool, appeals from the summary judgment dismissing the negligence action against defendants, Deah N. Folk and Cyn-dee M. Sanchez. At issue is whether claimant was entitled to personal injury protection (PIP) benefits under his own insurance policy. Because we hold the definition of a “motor vehicle” in claimant’s insurance policy covered the county-owned sheriffs patrol car claimant was driving at the time of the accident, we conclude that claimant was eligible for PIP benefits. Therefore, we affirm.

The relevant facts are not in dispute. While driving a sheriffs patrol car in the course of his employment, claimant, Frank Adams, a sheriffs deputy for La Plata County, was injured as a result of the alleged negligence of defendants. The car being driven by Adams at the time of the accident was owned by the La Plata County Sheriffs Department. However, as permitted by the then applicable registration requirements, the vehicle was neither registered nor licensed in Colorado.

Adams filed a personal injury action against defendants. Asserting that plaintiff had a statutory right of subrogation as Adams’ workers’ compensation carrier because it had provided workers’ compensation benefits to Adams as a result of the accident, plaintiff moved to intervene. That motion was granted.

In response to subsequent cross-motions for summary judgment, the trial court granted defendants’ motion for summary judgment and dismissed plaintiffs complaint in intervention. The court ruled that Adams was eligible for PIP benefits under his personal insurance policy. Thus, it concluded that, under Tate v. Industrial Claim Appeals Office, 815 P.2d 15 (Colo.1991), plaintiff had no subrogation right of action against defendants.

A.

The parties do not dispute, and we agree, that, if Adams was eligible for PIP benefits, [1085]*1085then Tate v. Industrial Claim Appeals Office, supra, bars his workers’ compensation carrier from asserting a subrogation claim against the alleged tortfeasors.

In Tate, the court held that when PIP benefits would be payable by an injured party’s no-fault insurance carrier but for the work-related nature of the accident, the PIP benefits exclusion in Colorado’s No-Fault Act prohibits the workers’ compensation carrier from pursuing a claim in subrogation against the tortfeasor.

When an individual is injured in an automobile accident during the course and scope of his employment, both the Workers’ Compensation Act, § 8-40-101, et seq., C.R.S. (1993 Cum.Supp.), and the Colorado Auto Accident Reparations Act, § 10-4-701, et seq., C.R.S. (1987 Repl.Vol. 4A) (the No-Fault Act) apply. Under the primacy rule set forth in the No-Fault Act, an injured employee must pursue and exhaust a right to workers’ compensation benefits before the employee can collect PIP benefits. Comis-key v. Valley Forge Insurance Co., 781 P.2d 188 (Colo.App.1989); § 10-4-707(5), C.R.S. (1993 Cum.Supp.). The amount of PIP benefits is reduced by the amount of workers’ compensation benefits received; the workers’ compensation benefits take the place of PIP benefits.

The PIP benefits exclusion, § 10-4-713(1), C.R.S. (1993 Cum.Supp.), abrogates the workers’ compensation insurer’s subrogation rights under § 8-41-203(1), C.R.S. (1993 Cum.Supp.) to recover directly from a tort-feasor, to the extent that the workers’ compensation benefits replace the PIP benefits. Tate v. Industrial Claim Appeals Office, supra.

If the injured employee is eligible for PIP benefits, then the PIP benefits exclusion applies. Although an injured employee actually receives workers’ compensation benefits in place of PIP benefits, he is considered to be eligible for PIP benefits. Tate v. Industrial Claim Appeals Office, supra.

B.

Plaintiff contends that Adams was not eligible for PIP benefits and that, therefore, Tate is inapplicable. Plaintiff asserts that the sheriffs patrol car Adams was driving was not considered a “motor vehicle” under the terms of either the No-Fault Act or Adams’ personal no-fault insurance policy. We conclude the vehicle was covered by the terms of Adams’ own policy.

1.

Defendants admit, and we agree, that the county-owned sheriffs patrol car did not fall within the No-Fault Act’s definition of a “motor vehicle” because, at the time of the accident, it was not required to be registered. See Colo.Sess.Laws 1969, ch. 47, § 13-3-2(3) at 130.

Eligibility for PIP benefits in this ease is determined by § 10-4-707(l)(a), C.R.S. (1987 Repl.Vol. 4A), which provides that PIP benefits are available for “[a]ccidental bodily injury sustained by the named insured when injured in an accident involving any motor vehicle.... ” (emphasis supplied)

For purposes of § 10-4-707(l)(a), a “motor vehicle” is defined as, “any motor vehicle required to be registered and licensed for operation on the public highways of this state or any other jurisdiction.” Section 10-4-707(2), C.R.S. (1987 Repl.Vol. 4A). At the time of the accident, registration was not required for vehicles owned by the State of Colorado or any agency or institution thereof. Colo.Sess.Laws 1969, ch. 47, § 13-3-2(3) at 130.

Thus, because the sheriffs vehicle was not required to be registered and licensed at the time of the accident, La Plata County was statutorily exempt from complying with the No-Fault Act. Hence, La Plata County was not required to, and did not, have PIP benefit coverage for the vehicle driven by Adams. See Bushnell v. Sapp, 194 Colo. 273, 571 P.2d 1100 (1977).

2.

However, Adams had his own no-fault insurance policy at the time of the accident issued by Prudential Property and Casualty [1086]*1086Insurance Company. In its description of its PIP benefit coverage, the Prudential policy states:

Motor vehicle means any motor vehicle, including trailers, of a type required to be registered and licensed for operation on the public highways of Colorado, (emphasis supplied)

Defendants contend that the meaning of “motor vehicle” under the No-Fault Act is not dispositive of how the term “motor vehicle” in the Prudential policy should be interpreted, even though the two definitions are similar. Defendants assert that the phrase “of a type” in the Prudential policy alters the meaning of the motor vehicle definition. We agree.

An insurance policy is a contract that should be interpreted consistently with principles of contract law. Words should be given their plain and ordinary meaning. If a contractual provision is clear and unambiguous, the court should not rewrite it to arrive at a strained construction. However, when a contractual provision is reasonably susceptible to different meanings, it must be construed against the drafter and in favor of providing coverage to the insured. Swent-kowski v. Dawson,

Related

Garcia v. State Farm Mutual Insurance Co.
920 P.2d 843 (Colorado Court of Appeals, 1995)

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895 P.2d 1083, 18 Brief Times Rptr. 1481, 1994 Colo. App. LEXIS 264, 1994 WL 484960, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-workers-compensation-pool-v-folk-coloctapp-1994.