Calderon v. American Family Mutual Insurance Co.

¶18 The majority concludes that section 10-4-609(l)(c), C.R.S. (2016), prohibited American Family from setting off from the amount due Calderon pursuant to his uninsured or underinsured motorist (“UM/UIM”) coverage the amount that American Family had previously paid pursuant to Calderon’s medical payments (“MedPay”) coverage. See maj. op. ¶¶ 7, 17. In my view, however, the statutory scheme governing automobile insurance permits such a setoff when, as here, a setoff is necessary to avoid a double recovery at the insurer’s expense,

¶19 Accordingly, I respectfully dissent.

I. Facts

¶20 I agree with…