Gonzales v. Allstate Insurance Co.

51 P.3d 1103, 2002 WL 1339096
CourtColorado Court of Appeals
DecidedJune 20, 2002
DocketNo. 01CA1507
StatusPublished
Cited by5 cases

This text of 51 P.3d 1103 (Gonzales v. Allstate Insurance Co.) 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
Gonzales v. Allstate Insurance Co., 51 P.3d 1103, 2002 WL 1339096 (Colo. Ct. App. 2002).

Opinion

Opinion by

Judge DAVIDSON.

In this declaratory judgment action seeking interpretation of a motor vehicle insurance policy, plaintiffs, Anacleto and Donna Gonzales, appeal from the trial court’s grant of summary judgment for defendant, Allstate Insurance Company. We affirm.

Plaintiffs were injured in a collision in Mexico and were insured by defendant under a policy restricting coverage to automobile accidents occurring in the United States, its territories or possessions, Puerto Rico, and Canada. Plaintiffs filed personal injury protection (PIP) and uninsured/underinsured motorist (UM/UIM) claims, which defendant denied on the ground that the policy did not cover injuries resulting from a collision in Mexico.

On defendant’s motion, the trial court entered judgment in favor of defendant, ruling that there was no coverage for plaintiffs’ [1105]*1105claims. Plaintiffs appeal. Our review is de novo. See Martini v. Smith, 42 P.3d 629 (Colo.2002).

I.

As it pertains to PIP coverage, § 10-4-707(1), C.R.S.2001, of the Colorado Auto Accident Reparations Act (the No-Fault Act) states:

The coverages described in [the PIP coverages statute, § 10-4-706] shall be applicable to:
(a) Accidental bodily injury sustained by the named insured when injured in an accident involving any motor vehicle, regardless of whether the accident occurs in this state or in any other jurisdiction ...
(b) Accidental bodily injury sustained by a relative of the named insured under the circumstances described in paragraph (a) of this subsection (1) ...
(c) Accidental bodily injury arising out of accidents occurring vAthin this state sustained by any other person while occupying the described motor vehicle with the consent of the insured or while a pedestrian if injured in an accident involving the described motor vehicle.

(Emphases added.)

Section 10-4-711(3), C.R.S.2001, of the No-Fault Act states:

Notwithstanding any of its other terms and conditions, every complying policy shall afford coverages at least as extensive as the minimum coverages required by operation of sections 10-4-706 and 10-4-707, during such periods of time as the insured motor vehicle is operated in other jurisdictions of the United States, its territories or possessions, and the provinces of Canada, as the statutes, laws, or administrative regulations of such other jurisdictions require with respect to liability, or financial responsibility, and direct benefit, or first party coverages for operators, occupants, and persons involved in accidents arising out of use or operation of motor vehicles within such other jurisdictions.

(Emphasis added.)

Plaintiffs contend that the language “any other jurisdiction” in § 10-4-707(l)(a) renders the policy’s territorial restriction on PIP benefits void. Plaintiffs agree that the policy does not include coverage for accidents occurring in Mexico. They contend, however, that this territorial limitation is void because it does not comply with the statute. See Murphy v. Dairyland Ins. Co., 747 P.2d 691 (Colo.App.1987)(in a policy providing PIP benefits, any provision inconsistent with the requirements of the No-Fault Act is void). Defendant, in contrast, argues that § 10-4-711(3) provides the required territorial coverage for PIP benefits, and, because the policy’s territorial restriction is consistent with that section, it is valid. We agree with defendant.

The goal in interpreting any statute is to determine and give effect to the intent of the General Assembly by looking first to the language of the statute itself. A statute should be “construed as a whole so as to give consistent, harmonious, and sensible effect to all of its parts,” and thus, “the meaning of any one section of a statute must be gleaned from a consideration of the overall legislative purpose.” Norsby v. Jensen, 916 P.2d 555, 559 (Colo.App.1995).

Accordingly, § 10-4-707(l)(a) must be read in the context of the entire statutory section, which is entitled “Benefits-how payable” and which distinguishes the applicability of PIP coverage among three categories of persons, that is, the named insured, relatives of the named insured, and, subject to certain conditions, any other person while occupying the described motor vehicle or while a pedestrian. See § 10-4-707(l)(a)(c); Budget Rent-A-Car Corp. v. Martin, 855 P.2d 1377 (Colo.1993).

For the latter category of persons, the statute limits the applicable coverage to instate accidents, whereas the named insured and resident relatives are covered regardless whether the accident occurred in Colorado or “any other jurisdiction.” Read in proper context, then, the phrase “any other jurisdiction” simply contrasts the two types of coverage, emphasizing that the coverage required for named insureds and resident relatives is not limited, as it is for occupants and pedestrians, to accidents occurring “in this state.”

[1106]*1106Moreover, when interpreting two statutory sections, we must attempt to harmonize them to give effect to their purposes and, if possible, reconcile them so as to uphold the validity of both. Norsby v. Jensen, supra. Accordingly, we do not read the phrase “any other jurisdiction” to conflict with the plain language of § 10-4-711(3), which explicitly limits an insurer’s minimum coverage requirements to “other jurisdictions of the United States, its territories or possessions, and the provinces of Canada” and necessarily excludes any requirement that PIP coverage be applicable in jurisdictions other than those listed, such as Mexico. See City of Arvada v. Colorado Intergovernmental Risk Sharing Agency, 19 P.3d 10, 13 (Colo.2001)(under canon of construction “ex-pressio unius est exclusio alterius”' — the inclusion of one thing implies the exclusion of another — statute applies only to entities listed).

We disagree with plaintiffs that § 10-4-711(3) simply coordinates coverages with the requirements of the jurisdictions listed, rather than listing required coverage areas. To the contrary, § 10-4-711(3) serves both purposes. By its plain language, it mandates, inter alia, that every policy provide the coverage specified in § 10-4-707 when the insured vehicle is being operated in the listed jurisdictions, and then it requires that the coverage meet the minimum requirements of those jurisdictions. See Budget Renh-A-Car Corp. v. Martin, supra.

Therefore, we agree with the trial court that, while the provisions of the No-Fault Act do not preclude defendant from providing coverage in Mexico, they also do not mandate that it do so. Because defendant’s policy provides PIP coverage within the jurisdictions listed in § 10-4-711(3), its territorial restriction is in compliance with the No-Fault Act.

II.

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Cite This Page — Counsel Stack

Bluebook (online)
51 P.3d 1103, 2002 WL 1339096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzales-v-allstate-insurance-co-coloctapp-2002.