National Farmers Union Property v. Estate of Mosher

22 P.3d 531, 2000 Colo. J. C.A.R. 4140, 2000 Colo. App. LEXIS 1184, 2000 WL 890459
CourtColorado Court of Appeals
DecidedJuly 6, 2000
Docket99CA1385
StatusPublished
Cited by23 cases

This text of 22 P.3d 531 (National Farmers Union Property v. Estate of Mosher) 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
National Farmers Union Property v. Estate of Mosher, 22 P.3d 531, 2000 Colo. J. C.A.R. 4140, 2000 Colo. App. LEXIS 1184, 2000 WL 890459 (Colo. Ct. App. 2000).

Opinion

Opinion by

Judge DAILEY.

In this declaratory judgment action, plaintiff, Estate of Donald E. Mosher (Estate), appeals from the summary judgment in which the trial court ruled that defendant, National Farmers Union Property and Casualty Company (NFU), was not obligated to pay Personal Injury Protection (PIP) benefits to its insured, the decedent, Donald E. Mosher.

At issue is whether, under § 10-4-707(1)(@a), C.R.S.1999, of the Colorado Auto Accident Reparations Act (No Fault Act), § 10-4-701(1), et seq., C.R.S8.1999, an insurer must pay PIP benefits to its "named insured" when the named insured is injured in a motor vehicle accident while operating a farm tractor that was not required to be insured under the No Fault Act.

Because we conclude that the insurer must pay the named insured PIP benefits, we reverse the judgment and remand for further proceedings.

I.

Mosher was injured, hospitalized for six weeks, and ultimately died as a result of a collision on a public highway between the farm tractor he was driving and a pickup truck driven by another individual.

Mosher was not required to procure no-fault insurance with respect to his tractor. See § 10-4-705, C.R.8.1999 (requiring owners of "motor vehicle[s]" to obtain no-fault insurance); § 10-4-708(7), C.R.S8.1999 (defining "motor vehicle" as "any vehicle of a type required to be registered and licensed under the laws of this state ..." and, excepting from the definition of motor vehicle "any vehicle designed primarily for use off the road. ..."); § 42-3-104(3), C.R.S8.1999 (farm tractors are not required to be registered for operation on public highways).

However, Mosher was required to, and under a policy with NFU did, provide no-fault insurance coverage with respect to ten motor vehicles he owned. The policy provid *533 ed PIP benefits in compliance with the No Fault Act.

After the accident, Mosher sought PIP benefits from both NFU and the insurer of the pickup truck. After both insurance companies denied PIP benefits, NFU initiated this declaratory judgment action to determine the Estate's rights under both insurance policies.

The trial court determined as a matter of law that neither insurance company was liable to the Estate for PIP benefits. The pickup truck owner's insurance company was not liable, the court held, because Mosher was not a "pedestrian" within the meaning of §§ 10-4-707(1)(c) and 10-4-703(9), CRS. 1999. NFU was not liable, the court held, because "the tractor was not a described vehicle in Mr. Mosher's policy."

The Estate appeals only the court's ruling regarding its non-entitlement to PIP benefits under the NFU policy.

IL

The Estate contends that NFU was required to pay PIP benefits even though NFU had not insured any vehicle involved in the accident. We agree.

Section 10-4-707(1), C.R.8.1999, requires PIP coverage for named insureds, resident relatives of named insureds, passengers, and pedestrians. See Brennan v. Farmers Alliance Mutual Insurance Co., 961 P.2d 550 (Colo.App.1998). Because the parties stipulated that Mosher was a "named insured" under the NFU policy, we are concerned here only with § 10-4-707(1)(a), which authorizes PIP benefits for:

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, except where the injury is the result of the use or operation of the named insured's own motor vehicle not actually covered under the terms of [the No Fault Act].

The interpretation of a statute is a question of law, subject to de novo review. City of Colorado Springs v. Conners, 993 P.2d 1167 (Colo.2000). Consequently, we need not defer to the trial court's determinations. Watson v. Vouga Reservoir Ass'n, 969 P.2d 815 (Colo.App.1998).

Our task in construing a statute must be to determine and give effect to the intent of the General Assembly. State v. Nieto, 993 P.2d 493 (Colo.2000).

To determine legislative intent, we look first to the plain language of a statute. "If courts can give effect to the ordinary meaning of words used by the legislature, the statute should be construed as written, giving full effect to the words chosen, as it is presumed that the General Assembly meant what it clearly said." State v. Nieto, supra, 993 P.2d at 500.

Statutory terms must be given effect in accordance with their commonly understood and accepted meaning, unless they have acquired a technical or particular meaning in the law. State v. Nieto, supra. When, for example, a statute defines a term, that term must ordinarily be given its statutory meaning. "To ignore a definition section is to refuse to give legal effect to a part of the statutory law of the state." Allstate Insurance Co. v. Schneider National Carriers, Inc., 942 P.2d 1352, 1355 (Colo.App.1997), aff'd sub nom. Farmers Insurance Exchange v. Bill Boom, Inc., 961 P.2d 465 (Colo.1998).

Only if statutory terms are ambiguous need we look beyond the language of the statute and consider various extrinsic aids to determine legislative intent. See State v. Nieto, supra; Water Rights of Park County Sportsmen's Ranch LLP v. Bargas, 986 P.2d 262 (Colo.1999).

A.

Under § 10-4-707(1)(a), PIP coverage is provided for injuries sustained by the named insured "in an accident involving any motor vehicle" but is excluded for injuries from an accident involving an uninsured "motor vehicle" of the named insured.

Initially, we must determine whether Mosher, a named insured, was injured "in an accident involving any motor vehicle." Ac *534 cording to NFU, the words "any motor vehicle" must, of necessity, reference a motor vehicle described in an insurance policy issued by the named insured's insurer. We are not persuaded.

NFU's position is contrary to the plain language of the statute. As commonly understood, the word "any," which qualifies the phrase "motor vehicle," means without limitation or restriction. See Colorado State Board of Accountancy v. Raisch, 931 P.2d 498, 500 (Colo.App.1996)("The term 'any' is an inclusive term often used synonymously with the terms 'every' and 'all'"), aff'd, 960 P.2d 102 (Colo.1998).

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Bluebook (online)
22 P.3d 531, 2000 Colo. J. C.A.R. 4140, 2000 Colo. App. LEXIS 1184, 2000 WL 890459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-farmers-union-property-v-estate-of-mosher-coloctapp-2000.