Sulca v. Allstate Insurance Co.

77 P.3d 897, 2003 Colo. App. LEXIS 1328, 2003 WL 21939765
CourtColorado Court of Appeals
DecidedAugust 14, 2003
Docket02CA0511
StatusPublished
Cited by33 cases

This text of 77 P.3d 897 (Sulca 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
Sulca v. Allstate Insurance Co., 77 P.3d 897, 2003 Colo. App. LEXIS 1328, 2003 WL 21939765 (Colo. Ct. App. 2003).

Opinions

Opinion by

Chief Judge DAVIDSON.

In this action to recover uninsured motorist benefits, plaintiff, Julio C. Sulea (insured), appeals from the trial court's summary judgment in favor of defendant, Allstate Insurance Company (insurer), determining that the action was barred by § 13-80-107.5(1)(a), C.R.S$.2002, the applicable statute of limitations. We affirm.

In May 1996, insured was involved in an automobile accident with another vehicle. At the scene of the accident, the other driver advised insured that he did not have automobile insurance and he did not own the car he was driving. The driver then left the scene. At that time, insured bad uninsured and underinsured motorist (UIM) coverages through insurer.

Three years later, in May 1999, insured timely sued the driver for personal injury and property damage resulting from the accident. No discovery was undertaken in that case.

Two years later, in 2001, insured commenced this action against insurer for UIM benefits. Insurer filed a motion for summary judgment, arguing that the case was [899]*899untimely filed and should be dismissed. The trial court granted the motion.

On appeal, insured contends that the trial court erred in determining that his claim was barred under § 13-80-107.5(1)(a). We disagree.

Our review of the trial court's order granting a motion for summary judgment is de novo. See Aspen Wilderness Workshop, Inc. v. Colo. Water Conservation Bd., 901 P.2d 1251 (Colo.1995).

Summary judgment is proper only "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." C.R.C.P. 56(c). Summary judgment is appropriate when there is no doubt concerning material facts. See Roderick v. City of Colorado Springs, 193 Colo. 104, 563 P.2d 3 (1977). All doubts as to the existence of an issue of material fact must be resolved against the moving party. See Ridgeway v. Kiowa Sch. Dist. C-2, 794 P.2d 1020 (Colo.App.1989).

The purposes of statutes of limitations are to promote justice, discourage unnecessary delay, and preclude the prosecution of stale claims. See Colo. State Bd. of Med. Exam'rs v. Jorgensen, 198 Colo. 275, 599 P.2d 869 (1979).

The interpretation of when a claim accrues under a statute of limitations is an issue of law. Middelkamp v. Bessemer Irr. Ditch Co., 46 Colo. 102, 103 P. 280 (1909). Whether the statute of limitations bars a particular claim is usually a fact question, see Keller Cattle Co. v. Allison, 55 P.3d 257 (Colo.App.2002), but if the undisputed facts clearly show that the plaintiff had, or should have had the requisite information as of a particular date, the issue may be decided as a matter of law. See Winkler v. Rocky Mountain Conference of United Methodist Church, 923 P.2d 152 (Colo.App.1995).

If statutes are clear and unambiguous, they require no construction and are to be applied as written. Holliday v. Bestop, Inc., 23 P.3d 700 (Colo.2001). The purpose of statutory construction is to determine and give effect to the intent of the General Assembly, giving words their plain and commonly accepted meaning. Russell v. Pediatric Neurosurgery, P.C., 15 P.3d 288 (Colo.App.2000), aff'd in part and rev'd in part, 44 P.3d 1063 (Colo.2002). Any construction that would render any clause or provision unnee-essary, contradictory, or insignificant should be avoided. Bowland v. Indus. Claim Appeals Office, 984 P.2d 660 (Colo.App.1998), aff'd sub nom. United Airlines, Inc. v. Indus. Claim Appeals Office, 993 P.2d 1152 (Colo.2000).

Section 18-80-107.5(1)(a) provides, in pertinent part, for two related periods of limitation as follows:

An action or arbitration of an "uninsured motorist" insurance claim ... shall be commenced or demanded by arbitration demand within three years after the cause of action accrues; except that, if the underlying bodily injury liability claim against the uninsured motorist is preserved by commencing an action against the uninsured motorist within [three years], then an action or arbitration of an uninsured motorist claim shall be timely if such action is commenced or such arbitration is demanded within two years ofter the insured knows that the particular tort-feasor is mot covered by any applicable insurance. In no event shall the insured have less than three years after the cause of action accrues within which to com-mencee such action or demand arbitration.

(Emphasis added.)

As to accrual for purposes of the first three-year period of limitation, § 18-80-107.5(3), C.R.S.2002, provides that: "An uninsured or underinsured motorist cause of action accrues after both the existence of the death, injury, or damage giving rise to the claim and the cause of the death, injury, or damage are known or should have been known by the exercise of reasonable diligence." The claim accrues for the purposes of the two-year period of limitation pursuant to § 13-80-107.5(1)(a), when the insured "knows that the particular tortfeasor is not covered by any applicable insurance." See [900]*900also § 13-80-107.5(1)(b), C.R.S.2002 (pertaining to underinsured motorists).

Thus, under the first clause of § 183-80-107.5(1)(a) and the accrual definition, an insured has three years from the date of the accident in which to sue the UIM carrier. Under the second clause, if the insured has brought an action against the tortfeasor within the three-year period of limitation for that action, and the insured only discovers that the tortfeasor is uninsured sometime after the accident, then the insured has at least two years from the date of that discovery in which to sue the UIM carrier. The interplay between these two clauses may, but does not necessarily, afford the insured more than three years from the date of the accident in which to sue the UIM carrier. However, if the insured has not timely commenced an action against the tortfeasor, three years after the accident he is time-barred from seeking relief against the UIM carrier, regardless of when he discovered that the other driver was uninsured.

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Cite This Page — Counsel Stack

Bluebook (online)
77 P.3d 897, 2003 Colo. App. LEXIS 1328, 2003 WL 21939765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sulca-v-allstate-insurance-co-coloctapp-2003.