Arguello v. State Farm Mut. Auto. Ins. Co., 78-814
| Docket Nº | No. 78-814 |
| Citation | 42 Colo.App. 372, 599 P.2d 266 |
| Case Date | April 19, 1979 |
| Court | Court of Appeals of Colorado |
Page 266
v.
The STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Defendant-Appellee.
Rehearing Denied May 10, 1979.
Certiorari Denied Aug. 20, 1979.
[42 Colo.App. 373]
Page 267
Lee N. Sternal, Pueblo, for plaintiffs-appellants.Laurence A. Ardell, Pueblo, for defendant-appellee.
ENOCH, Judge.
Relying upon the uninsured motorist provision of an insurance policy issued by defendant, State Farm Mutual Insurance Company, plaintiffs, the Arguellos, sought additional recovery for injuries sustained in an accident. They appeal from the trial court judgment in favor of defendant. We affirm.
Plaintiffs owned two automobiles, a Toyota and an Oldsmobile, each of which was insured under a separate policy with State Farm. Each policy provided for "uninsured motorist" coverage in the amount of $15,000. On July 1, 1973, while plaintiffs were riding in their Toyota, they were involved in an accident with an uninsured motorist which caused injuries to Alex Arguello. It was stipulated that his damages exceeded $30,000. Pursuant to the uninsured motorist coverage of the Toyota policy, State Farm paid $15,000 to Alex Arguello for his injuries. When he attempted to recover an additional amount under the Oldsmobile uninsured motorist provision, however, State Farm resisted the "stacking." In addition, State Farm refused to compensate Gloria Arguello on her claim for damages resulting from loss of consortium. The trial court held for State Farm on both issues.
Plaintiffs first contend that because they paid two separate premiums for uninsured
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motorist coverage, Alex Arguello should be compensated by [42 Colo.App. 374] State Farm under both policies so that he will receive $30,000 for the injuries he sustained. We disagree.The "uninsured motor vehicle coverage" provision of each of the policies provides, in pertinent part, that the insurer will pay all sums an insured is legally entitled to recover from the owner or operator of an uninsured motor vehicle, with the exception that the insurance does not apply "(t)o Bodily injury to an Insured while occupying . . . a motor vehicle owned by the named insured . . . if such vehicle is not an Owned motor vehicle." Each of the emphasized words in the provision is identified as having a particular technical meaning defined within the terms of the policy.
Contrary to plaintiffs' argument, this...
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