§ 10-4-610 — Property damage protection against uninsured motorists

(1)
Every policy providing insurance for bodily injury caused by uninsured motorists
that is delivered or issued for delivery in this state, which policy does not also
provide insurance for collision damage, shall provide, at the request of the insured,
coverage for the protection of persons insured thereunder who are legally entitled
to recover damages from the owner or operator of an uninsured motor vehicle
because of property damage to the motor vehicle described in the policy arising out
of the operation, maintenance, or use of the uninsured motor vehicle. The coverage
provided under this section shall cover the actual cash value of the vehicle or the
cost of repair or replacement, whichever is less. Any coverage offered pursuant to
this section on a vehicle may be subject to a deductible, at the option of the insurer,
as with other property damage coverage. The coverage provided under this section
shall not provide protection for:

(a) Damage if there is not actual physical contact between the covered
motor vehicle and another motor vehicle;

(b) Damages which are paid or payable under any other property insurance;

(c) Loss of use of a motor vehicle.

(2) Repealed.

Legislative History

Source: L. 88: Entire section added, p. 409, � 1, effective January 1, 1989. L. 89: IP(1) and (1)(a) amended and (1)(c) and (2) added, p. 456, � 1, effective July 1. L. 2006: (2) repealed, p. 37, � 2, effective January 1, 2007.