Hall v. Trinity Universal Ins. Co.
| Decision Date | 04 November 1982 |
| Docket Number | No. 82CA0245,82CA0245 |
| Citation | 660 P.2d 1298 |
| Parties | Cathy HALL, Plaintiff-Appellant, v. TRINITY UNIVERSAL INSURANCE COMPANY, Defendant-Appellee. . I |
| Court | Colorado Court of Appeals |
Hamilton, Shand & McLachlan, P.C., Michael E. McLachlan, Thomas L. LeClaire, Durango, for plaintiff-appellant.
Wood, Ris & Hames, P.C., Stephen E. Connor, Mark R. Davis, Denver, for defendant-appellee.
Plaintiff, Cathy Hall, appeals the summary judgment entered against her on her claim against the defendant insurance company. We reverse.
This case appears before us on stipulated facts. Plaintiff attended a farm auction at which refreshments were being sold from a stand. The stand consisted of a vehicle insured by the defendant company under a policy of automobile insurance which included coverage for risks under the Colorado Auto Accident Reparations Act, § 10-4-701 et seq., C.R.S.1973 (the No Fault Act). The truck had an awning on its side which raised up to form an opening on the side of the vehicle so that refreshments could be served. As plaintiff was being served, the side, or awning of the truck that had been raised collapsed, striking plaintiff on the head and inflicting severe injuries upon her.
The policy of insurance provided that the company will pay, in accordance with the Colorado Auto Accident Reparations Act, personal injury protection benefits for certain expenses:
"incurred with respect to bodily injury sustained by an eligible insured person caused by an accident arising out of the use or operation of a motor vehicle as a motor vehicle." (emphasis supplied)
The trial court ruled that it did not
Section 10-4-706, C.R.S.1973, defines the required coverages and § 10-4-707, C.R.S.1973, prescribes the benefits payable under such section. Section 10-4-707(1)(c), C.R.S.1973, provides:
"Accidental bodily injury arising out of accidents occurring within this state sustained by any other person while occupying the described motor vehicle with the consent of the insured or while a pedestrian, if injured in an accident involving the described motor vehicle."
"Pedestrian" is defined under § 10-4-703(9), C.R.S.1973, as "any person not occupying or riding in or upon a motor...
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Trinity Universal Ins. Co. v. Hall
...Denver, amicus curiae. DUBOFSKY, Justice. We granted certiorari to review the Court of Appeals opinion in Hall v. Trinity Universal Insurance Co., 660 P.2d 1298 (Colo.App.1982), which held that the plaintiff, Cathy Hall, is entitled to personal injury protection (PIP) benefits from the defe......
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Brennan v. Farmers Alliance Mut. Ins. Co., 96CA1807
...vehicle with the consent of the insured, and 4) pedestrians who are injured by the covered vehicle. See Hall v. Trinity Universal Insurance Co., 660 P.2d 1298 (Colo.App.1982), aff'd, 690 P.2d 227 In addition to the mandatory minimum PIP coverages required by §§ 10-4-706 and 10-4-707, C.R.S.......