(DOWNLOAD) "State Farm Mutual Automobile Insurance Co. v. Sanditen" by Colorado Court of Appeals No. 84CA0066 * eBook PDF Kindle ePub Free
eBook details
- Title: State Farm Mutual Automobile Insurance Co. v. Sanditen
- Author : Colorado Court of Appeals No. 84CA0066
- Release Date : January 04, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Opinion by JUDGE STERNBERG In December 1979, the defendant, Edward Sanditen, was involved in an automobile accident in Colorado in which one Jim Shaw was injured. Shaw collected $5,580 for damage to his car under his collision coverage with the plaintiff State Farm Mutual Automobile Insurance Company. Shaw sued both the defendant and the State of Colorado to recover other damages resulting from the accident. Following resolution of that action by a compromise settlement, Shaw signed a general release of all claims for damages arising out of that accident. Subsequently, State Farm filed this subrogation action to recover from the defendant the $5,580 it had paid Shaw. The defendant responded with a motion to dismiss and for an award of attorney fees. The trial court treated this as a motion for summary judgment and granted the relief sought. State Farm appeals, contending that the defendant's insurer, Milbank Insurance Co., is precluded from asserting the release; that the release signed by the victim related only to the bodily injury claim, not State Farm's subrogation claim for property damage; and that the award of attorney fees was an abuse of discretion. We affirm in part, and reverse in part.