Supreme Court of Colorado

Steven Pham, as Personal Representative of the Estate of Louis Diep Pham, Deceased Kinh B. Pham, Natural Parent Of…

March 4, 20132013 Colo. LEXIS 179

Summary

The court held that the plaintiffs' underinsured-motorist claims were untimely because the applicable two-year period began when they received payment of the settlement resolving their preserved bodily-injury claims against the underinsured motorist, not when separate litigation concerning potentially available insurance coverage ended. The Hartford litigation did not extend or restart that period, and the plaintiffs' later action and arbitration demand were therefore barred. Justice Hobbs, dissenting, would have held that the limitations period did not begin until the Hartford coverage dispute became final in 2006.