Legal Opinion
Calderon v. American Family Mutual Insurance Co.
Colorado Court of Appeals
Decided May 22, 2014No. Court of Appeals No. 13CA1185PublishedCited by 3 opinions
1Opinion of the Court
Opinion by
JUDGE HAWTHORNE
¶ 1 Plaintiff, Arnold A. Calderon, appeals the trial court’s order reducing his judgment, entered on a jury verdict, by $5000 to set off medical payments previously made to him by defendant, American Family Mutual Insurance Company.
¶ 2 This case raises an issue of first impression in Colorado: Under sections 10-4-609(l)(c) and 10-4-635(3)(b)(II), C.R.S.2013, may an insurer reduce the amount of uninsured/underinsured motorist (UM/UIM) benefits due its insured by the amount of medical payment (MedPay) benefits it has already paid the insured, when the insured’s UM/ UIM…
2Cases cited20 opinions
- Terranova v. State Farm Mutual Automobile Insurance Co.Supreme Court of Colorado · 1990
- Allstate Insurance Co. v. HuizarSupreme Court of Colorado · 2002
- Kral v. American Hardware Mutual Insurance Co.Supreme Court of Colorado · 1989
- Colorado Permanente Medical Group, P.C. v. EvansSupreme Court of Colorado · 1996
- American Family Mutual Insurance Co. v. DeWittSupreme Court of Colorado · 2009
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3Cited by3 opinions
- Calderon v. American Family Mutual Insurance Co.Supreme Court of Colorado · 2016
- Calderon v. American Family Mutual Insurance Co.Supreme Court of Colorado · 2016
- Calderon v. American Family Mutual Insurance Co.Supreme Court of Colorado · 2016