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• Title: Allstate Insurance Co. V. Parfrey
• Author : Colorado Supreme Court
• Release Date : January 20, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

We granted certiorari to review the court of appeals' decision in Parfrey v. Allstate Ins. Co., 815 P.2d 959 (Colo. App. 1991), which reversed a summary judgment in favor of Allstate Insurance Company (Allstate) and remanded the case for further proceedings on the complaint of Steven and Deborah Parfrey against Allstate for its alleged negligence in failing to offer the Parfreys, in accordance with the requirements of section 10-4-609(2), 4A C.R.S. (1987), optional uninsured/underinsured motorist (UM/UIM) coverage at a level higher than the minimum statutory liability limits of $25,000 per person and  $50,000 per accident. The court of appeals held that section 10-4-609(2) imposes a statutory duty on an insurer "to offer UM/UIM optional coverage in definite and specific terms so as to allow the consumer to make an intelligent decision regarding whether to accept or reject this coverage" and that the breach of this duty creates a private cause of action in the insured. 815 P.2d at 962, 966. The court also construed subsections 10-4-609(2) and (3), 4A C.R.S. (1987), to require an insurer to make a new offer of UM/UIM coverage at a level higher than the minimum statutory automobile liability coverage whenever an insured makes a "material change" in a policy, such as increasing liability limits or adding a new vehicle to the policy. Id. at 964. Finally, the court of appeals held that there were disputed issues of material fact on whether Allstate breached its statutory duty when the Parfreys purchased their initial bodily injury liability policy and also when the Parfreys increased their liability coverage and added another vehicle to their existing liability policy and that, therefore, the trial court erred in entering summary judgment in favor of Allstate. Id. at 962, 964. Although we do not totally agree with the court of appeals' construction of section 10-4-609 with respect to an insurer's statutory duty to offer higher UM/UIM coverage, we do agree with the court of appeals' holding that the statute creates a private cause of action for the benefit of an insured and that summary judgment was improperly entered in favor of Allstate under the factual circumstances of this case. We accordingly affirm the judgment and remand the case for further proceedings in the trial court.

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