Legal Opinion

Stoesz v. State Farm Mut. Auto. Ins. Co.

Colorado Court of Appeals

Decided June 18, 2015No. Court of Appeals No. 14CA0956PublishedCited by 3 opinions

1Opinion of the Court

Opinion by JUDGE WEBB

¶ 1 One might think that the meaning of "payment"-a word in everyone's vocabulary-is beyond dispute. But in this action to recover underinsured motorist (UIM) benefits from defendant, State Farm Mutual Automobile Insurance Company, applying the three-year statute of limitations in section 13-80-107.5(1)(b), C.R.S.2014, requires that this word be defined. And the statute does not do so.

¶ 2 Plaintiff, Edna Ella Stoesz, State Farm's insured, did not bring the action within three years of the underlying accident. Still, she entered into a settlement agreement with the…

2Cases cited24 opinions

  1. Lozano v. Montoya AlvarezSupreme Court of the United States · 2014
  2. Colorado Water Conservation Board v. Upper Gunnison River Water Conservancy DistrictSupreme Court of Colorado · 2005
  3. Terranova v. State Farm Mutual Automobile Insurance Co.Supreme Court of Colorado · 1990
  4. Preferred Sites, LLC v. Troup CountyCourt of Appeals for the Eleventh Circuit · 2002
  5. Gutter v. SeamandelWisconsin Supreme Court · 1981

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

3Cited by3 opinions

  1. Amir Massihzadeh v. Tom SeaverColorado Court of Appeals · 2019
  2. Eckard v. State Farm Mutual AutomobileCourt of Appeals for the Tenth Circuit · 2022
  3. Eckard v. State Farm Mutual Automobile Insurance CompanyDistrict Court, D. Colorado · 2021

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