Huizar v. Allstate Insurance Co.

952 P.2d 342, 1998 Colo. J. C.A.R. 485, 1998 Colo. LEXIS 137, 1998 WL 39379
CourtSupreme Court of Colorado
DecidedFebruary 2, 1998
Docket96SC643
StatusPublished
Cited by65 cases

This text of 952 P.2d 342 (Huizar v. Allstate Insurance Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Huizar v. Allstate Insurance Co., 952 P.2d 342, 1998 Colo. J. C.A.R. 485, 1998 Colo. LEXIS 137, 1998 WL 39379 (Colo. 1998).

Opinions

Justice MARTINEZ

delivered the Opinion of the Court.

The issue presented by this case is whether a trial de novo clause in an uninsured motorist provision of an automobile insurance policy violates public policy.1 The trial de novo clause allows the insured or insurer to demand a trial on the merits after arbitration when the amount awarded in the arbitration proceeding exceeds a specified limit. The trial court ruled that the trial de novo clause was unenforceable. The court of appeals reversed the judgment. See Huizar v. Allstate Ins. Co., 932 P.2d 839 (Colo.App.1996). We closely scrutinize the effect of the trial de novo clause for consistency with Colorado law and determine that it is in conflict with the public policy of this state. We therefore reverse and hold that the trial de novo clause ⅛ unenforceable.

I.

The petitioner, Gloria Huizar, was a passenger in an automobile driven by her neighbor, an uninsured motorist. The neighbor lost control of the automobile and hit a curb, slamming Huizar’s head into the interior post and windshield of the vehicle. Huizar immediately experienced pain in her neck and head. After six days, she began medical treatment. Allstate Insurance Company, Huizar’s insurer, paid her medical expenses pursuant to the personal injury protection coverage of her policy. Because of her neighbor’s uninsured status, Huizar also looked to Allstate for her additional claims.

Huizar and Allstate were unable to agree about additional compensation under the terms of her uninsured motorist protection policy. Consequently, Huizar elected to invoke the arbitration clause in her insurance policy, which provides:

If [Huizar] or [Allstate] don’t agree on [Huizar’s] right to receive any damages or the amount, then at the request of either, the disagreement will be settled by arbitration.

After two days of arbitration proceedings, the arbiter awarded Huizar “$30,000 plus interest from the date of the accident and appropriate costs.”

The arbiter’s award exceeded the $25,-000.00 minimum liability coverage required by Colorado’s Financial Responsibility statute.2 Allstate initiated an action in district court by filing a “motion for trial de novo” and naming itself as the defendant. The [344]*344motion was based on the trial de novo clause in Huizar ⅛ policy, which provides:

Regardless of the method of arbitration, when any arbitration award exceeds the financial responsibility limits in the State of Colorado [$25,000.00], either party has a right to trial on all issues in a court of competent jurisdiction. This right must be exercised within 60 days of the award. Costs, including attorney fees, are to be paid by the party incurring them.

In response, Huizar moved to dismiss the action and requested that the trial court docket the arbiter’s award pursuant to section 13-22-216, 5 C.R.S. (1997).

Huizar argued that the trial de novo clause unduly limited her ability to recover and was therefore contrary to the public policy of providing just compensation to victims injured by uninsured motorists. After additional briefing on the issue, the trial court denied Allstate’s motion and held that the trial de novo clause was “patently unfair” to Huizar because it permitted Allstate “to litigate ... issues [of liability as well as damages] twice if it’s not satisfied with the first decision.” The trial court concluded that the trial de novo clause “limit[s] uninsured motorist coverage [and] is void against public policy.”

Allstate appealed, and the court of appeals reversed, concluding that Colorado law does not specifically require binding arbitration for uninsured motorist claims. See Huizar, 932 P.2d at 840. Thus, the court of appeals held that the trial de novo clause does not violate public policy. We do not agree.

II.

Insurance policies, as several courts have observed, differ from ordinary, bilateral contracts. See Jones v. Horace Mann Ins. Co., 937 P.2d 1360, 1361 (Alaska 1997); Wiggam v. Associates Fin. Serv., Inc., 677 N.E.2d 87, 91 (Ind.App.1997); Rodman v. State Farm Mut. Auto. Ins., 208 N.W.2d 903, 905 (Iowa 1973); U.S. Fidelity & Guaranty, Co. v. Ferguson, 698 So.2d 77, 80 (Miss.1997). Because of both the disparity of bargaining power between insurer and insured and the fact that materially different coverage cannot be readily obtained elsewhere, automobile insurance policies are generally not the result of bargaining. See Schmidt v. Midwest Fam. Mut. Ins. Co., 426 N.W.2d 870, 874 (Minn.1988) (recognizing that although an insurance policy may not technically qualify as a contract of adhesion, it possesses some of the earmarks of an adhesive contract). Instead, the provisions in a policy are often imposed on a take-it-or-leave-it basis. It is not a negotiated contract but one with terms required by legislation or dictated by the insurer. Thus, courts have assumed a “heightened responsibility” to scrutinize insurance policies for provisions that unduly compromise the insured’s interests and have concluded that any provision of an insurance policy which violates public policy and principles of fairness is unenforceable. See Milbank Ins. Co. v. Henry, 232 Neb. 418, 441 N.W.2d 143, 148 (1989); Voorhees v. Preferred Mut. Ins. Co., 128 N.J. 165, 607 A.2d 1255, 1260 (1992).

We have previously recognized that “a contractual provision is void if the interest in enforcing the provision is clearly outweighed by a contrary public policy.” FDIC v. American Cas. Co., 843 P.2d 1285, 1290 (Colo.1992) (citing University of Denver v. Industrial Comm’n, 138 Colo. 505, 509, 335 P.2d 292, 294 (1959)). We have extended this principle to the conditions and terms of an insurance contract that undermine legislatively-expressed public policy. See, e.g., Meyer v. State Farm Mut. Auto. Ins. Co., 689 P.2d 585, 589 (Colo.1984) (household exclusion in automobile liability policy held invalid as contrary to public policy expressed in Colorado Auto Accident Reparations Act); Newton v. Nationwide Mut. Fire Ins. Co., 197 Colo. 462, 468, 594 P.2d 1042, 1046 (1979) (insurance policy provision which permitted insurer to subtract PIP payments from uninsured motorist coverage so as to reduce that coverage to less than statutory minimum violative of public policy in Colorado Auto Accident Reparations Act).

In Allstate Insurance Co. v. Avis, 947 P.2d 341 (Colo.1997), we held that competing excess clauses would not be enforced, even in the absence of a direct expression of public policy or a specific statute addressing the [345]*345issue and despite freedom of contract, because “an unintended consequence or absurdity contrary to public policy would result.” Id. at 346. In Avis, we examined not only the facial validity of a clause in the insurance policy, but the result created by the operation of a provision of the policy in particular circumstances. We determined that Colorado’s insurance laws favor adequate, fair and timely resolution of claims. See id.

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Cite This Page — Counsel Stack

Bluebook (online)
952 P.2d 342, 1998 Colo. J. C.A.R. 485, 1998 Colo. LEXIS 137, 1998 WL 39379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huizar-v-allstate-insurance-co-colo-1998.