Munoz v. Am. Family Mut. Ins. Co.

JUSTICE BOATRIGHT delivered the Opinion of the Court.

*1129 ¶ 1 In this matter, we consider whether an insured is entitled to collect prejudgment interest when he settles an uninsured motorist claim ("UM claim") with his insurer in lieu of filing a lawsuit and proceeding to judgment. We hold that, under the plain language of the prejudgment interest statute, § 13-21-101, C.R.S. (2017), an insured is entitled to prejudgment interest only after (1) an action is brought, (2) the plaintiff claims damages and interest in the complaint, (3) there is a finding of damages by a jury or court, and (4)…