Supreme Court of Colorado
Arnold A. Calderon, Petitioner v. American Family Mutual Insurance Company, Respondent
November 7, 2016383 P.3d 676
Summary
The court held that the statutory prohibition on reducing uninsured/underinsured motorist coverage by a setoff applies to the amount of coverage payable on a particular claim, not merely to the policy limit. Because the insurer’s $5,000 MedPay payment could not be deducted from Calderon’s $68,338.97 UM/UIM award, the court reversed and remanded. Justice Gabriel, joined by Justices Márquez and Hood, dissented and would have permitted the setoff to prevent double recovery.