Winstead v. Criterion Insurance Co.

Opinion by

Judge CRISWELL.

Plaintiff, Eileen Winstead, appeals the summary judgment that dismissed her claim against defendant, Criterion Insurance Co. (the carrier), for personal injury protection (PIP) benefits allegedly due her under a policy of insurance issued by the carrier and for a statutory penalty for a willful failure to pay those benefits. The trial court concluded that the three-year statute of limitations contained within § 13-80-107, C.R.S. (subsequently repealed and re-enacted with amendments, Colo. Sess.Laws 1986, ch. 114 at 695, et seq.) barred plaintiff’s action. We reverse.

Pl…