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eBook details

• Title: Allstate Insurance Co. V. Allen
• Author : Colorado Supreme Court
• Release Date : January 10, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

We granted certiorari to review the unpublished decision of the Colorado Court of Appeals in Allen v. Chromy, No. 88CA0254 (June 1, 1989). In Allen, the court of appeals reversed without discussion the district court's determination that Allstate Insurance Company ("Allstate") was not liable as garnishee for statutory prejudgment interest in excess of policy limits on a judgment against its insured. The court of appeals relied on its decision in Starke v. Allstate Ins. Co., 771 P.2d 3 (Colo. App. 1988), rev'd, No. 88SC581 (Sept. 10(1990). In Starke, the court of appeals held that Allstate was obligated under an automobile insurance policy for prejudgment interest on bodily injury damages awarded against its insured in excess of Allstate's policy limit for bodily injury liability. We reversed, holding that Allstate had no such liability under its policy, which was identical in pertinent part to the insurance policy involved in this case. Our decision in Starke is controlling in the present case unless a different result is compelled by an additional argument advanced here by the plaintiff, Patrick N. Allen. Allen contends that Allstate's policy must be construed to allow prejudgment interest in excess of the bodily injury liability limit in order to comply with the requirements of the Colorado Auto Accident Reparations Act, §§ 10-4-701 to -723, 4A C.R.S. (1987 & 1989 Supp.). We are not persuaded by this argument. Accordingly, we reverse the judgment of the court of appeals and return the case to that court with directions to reinstate the judgment for Allstate.

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