258 P.3d 328
Colo. Ct. App.2011Background
- In March 2002 Jackson, insured by American Family, sustained a serious car accident and had basic PIP; policy did not offer extended PIP as CAARA required at the time.
- Prior related suits (French, Marshall, Hicks) addressed failure to provide extended PIP; Hicks resulted in class action and later policy reforms for the class, excluding damages.
- Jackson filed suit in April 2008 against American Family and the claims analyst alleging breach of contract and several bad-faith and concealment claims stemming from the failure to offer/ provide extended PIP.
- A jury awarded Jackson $61,300 on breach of contract and $300,000 on various tort claims; the trial court entered JNOV on the contract claim.
- The trial court upheld the JNOV, concluding the contract claim was time-barred; Jackson appeals alleging claim preclusion and misapplication of the statute of limitations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether claim preclusion bars relief | Jackson argues Hicks precluded relitigation of limitations issue. | American Family contends Hicks could bar claims if identical elements exist. | No preclusion because Hicks did not address Jackson's damages/relief; Hicks could not resolve the contract claims. |
| Whether the contract claim accrued and was timely | Accrual occurred when Hicks reformed the policy (Nov 2005) or earlier upon discovery; tolling exceptions may apply. | Accrual occurred no later than March 28, 2002, with tolling limited; timely only if tolled during eligible class actions. | Accrual occurred March 28, 2002; tolling did not occur during Hicks; contract claim untimely. |
Key Cases Cited
- Holnam, Inc. v. Industrial Claim Appeals Office, 159 P.3d 795 (Colo. App. 2006) (accrual date framework for CAARA claims; undisputed facts)
- Murry v. GuideOne Specialty Mut. Ins. Co., 194 P.3d 489 (Colo. App. 2008) (accrual date may be the earliest of advised limits, cessation of basic benefits, or new authority)
- Crosby v. Am. Family Mut. Ins. Co., 251 P.3d 1279 (Colo. App. 2010) (accrual date for CAARA-related claims; disputes about when damages arise)
- Argus Real Estate, Inc. v. E-470 Public Highway Auth., 109 P.3d 604 (Colo. 2005) (claim preclusion elements and application)
- In re Marriage of Wright, 841 P.2d 358 (Colo. App. 1992) (res judicata principles and limits on relief)