Atencio v. Mid-Century Insurance Co.

I do not agree with the majority’s interpretation of Newton v. Nationwide Mutual Fire Insurance Co., 197 Colo. 462, 594 P.2d 1042 (1979). I think it is significant that the court stated:

“[T]he ‘No Fault’ statute does not favor ‘double recovery’ of PIP benefits by the insured,”

and went on to say that:

“The proper method to preclude the possibility of recovery under PIP-type losses under both PIP and uninsured motorist coverages, would be to eliminate PIP paid benefits from the uninsured motorist claim, then allow recovery of the uninsured motorist benefits to the extent non-PIP benefits are…