State Farm Mutual Automobile Insurance Co. v. Stein

Judge CASEBOLT

dissenting.

In my view the term “pedestrian” should be given the meaning that the parties both contracted for and defined in the insurance policy. Accordingly, I respectfully dissent.

The rights and duties of the parties to an automobile insurance policy are defined by the terms and conditions of the insurance contract. As in other areas of contract law, the language of an insurance policy is determinative of the intent of the parties. Lopez v. Dairyland Insurance Co., 890 P.2d 192 (Colo.App.1994). See Radiology Professional Corp. v. Trinidad Area Health Ass’n, 195 Colo. 253, 577…