Legal Opinion

Tubbs v. Farmers Insurance Exchange

Colorado Court of Appeals

Decided May 21, 2015No. Court of Appeals No. 14CA0782PublishedCited by 7 opinions

1Opinion of the Court

Opinion by

JUDGE ASHBY

T1 Plaintiff, Steffan Tubbs, appeals the district court's summary judgment in favor of defendant, Farmers Insurance Exchange (Farmers). We conclude that the plain language of Colorado's uninsured/underinsured motorist (UIM) statute, section 10-4609(1)(c), C.R.S. 2014, prevents a UIM policy from requiring that the insured party actually collect the maximum amount possible from the tortfeasor's Hability policy before triggering the insured's own UIM coverage. Therefore, we reverse and remand.

I. Background

T 2 Tubbs was involved in a car accident in California with another…

2Cases cited8 opinions

  1. Berra v. SPRINGER AND STEINBERG, PCColorado Court of Appeals · 2010
  2. Young v. Brighton School District 27JSupreme Court of Colorado · 2014
  3. Natural Energy Resources Co. v. Upper Gunnison River Water Conservancy DistrictSupreme Court of Colorado · 2006
  4. Hill v. American Family Mutual InsuranceIdaho Supreme Court · 2011
  5. DiMarco v. Department of Revenue of the State, Motor Vehicle DivisionColorado Court of Appeals · 1993

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3Cited by7 opinions

  1. Adamscheck v. American Family Mutual InsuranceCourt of Appeals for the Tenth Circuit · 2016
  2. Bailey v. State Farm Mutual Automobile Insurance CoColorado Court of Appeals · 2018
  3. United Services Automobile Association and State Farm Mutual Automobile Insurance Company v. Anthony WenzellSupreme Court of Colorado · 2026
  4. Cope v. Auto-Owners Insurance CompanyDistrict Court, D. Colorado · 2023
  5. Ligotti v. Allstate Fire and Casualty Insurance CompanyDistrict Court, D. Colorado · 2023

2 more not listed; retrieve them via the Exa API.

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