Legal Opinion

State Farm Mutual Automobile Insurance Co. v. McMillan

Supreme Court of Colorado

Decided October 28, 1996No. 94SC714PublishedCited by 39 opinions

1Opinion of the CourtJustice Scott

Pursuant to our order granting certiorari in State Farm, Mutual Automobile Insurance Co. v. McMillan, 900 P.2d 1243 (Colo.App.1994), we must decide two questions:

1. Whether the court of appeals erred in concluding that C.R.C.P 60(b)(5) may be used as a mechanism for obtaining relief from a final judgment due to a change in case law precedent; and

2. Whether the court of appeals erred in concluding that gunshot injuries sustained during a traffic altercation were “caused by accident” and, therefore, subject to uninsured motorist coverage.

We answer the first question in the negative because we…

2Cases cited31 opinions

  1. Klapprott v. United StatesSupreme Court of the United States · 1949
  2. Sophie Radack and Charles Radack v. Norwegian America Line Agency, Inc., and Den Norske Amerikalinje, A/sCourt of Appeals for the Second Circuit · 1963
  3. Pierce v. Cook & Co.Court of Appeals for the Tenth Circuit · 1975
  4. L. C. Collins and Lucille Collins, His Wife Earl Schneider and Mildred Schneider, His Wife v. The City of Wichita, Kansas, a Municipal CorporationCourt of Appeals for the Tenth Circuit · 1958
  5. Roller v. Stonewall InsuranceWashington Supreme Court · 1990

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

3Cited by39 opinions

  1. Public Service Co. of Colorado v. Wallis & CompaniesSupreme Court of Colorado · 1999
  2. Wendell v. State Farm Mutual Automobile InsuranceMontana Supreme Court · 1999
  3. American Family Mutual Insurance Co. v. PetersenSupreme Court of Iowa · 2004
  4. State Farm Mutual Automobile Insurance Co. v. KastnerSupreme Court of Colorado · 2003
  5. People ex rel. S.G.Colorado Court of Appeals · 2004

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API