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NATIONWIDE MUT. FIRE INS. CO. v. NEWTON

No. 77-256.

579 P.2d 1178 (1978)

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, an Ohio Corporation, Plaintiff-Appellant, v. Julia NEWTON, Ethel M. Clark, and Lynn Saunders, as mother and next friend of James Saunders, Jr., Defendants-Appellees.

Colorado Court of Appeals, Division I.

Rehearing Denied March 23, 1978.

Certiorari Granted June 19, 1978.

Attorney(s) appearing for the Case

Paul D. Renner, P. C., Douglas K. Goss, Denver, for plaintiff-appellant.

Frickey & Cairns, Denver, Criswell & Patterson, John A. Criswell, Englewood, for defendants-appellees.

Erick K. Furedy, Denver, for Steve S. Lovey, amicus curiae.

DeMoulin, Anderson, Campbell & Laugesen, Laird Campbell, Richard W. Laugesen, Jr., Denver, for State Farm Mut. Auto. Ins. Co., amicus curiae.

PIERCE, Judge.

Nationwide Mutual Fire Insurance Company (Nationwide) brought this declaratory judgment action under C.R.C.P. 57 in an attempt to clarify its obligations under a contract for automobile liability insurance. The sole issue presented is whether the claimants may recover amounts under the uninsured motorist provisions of the policy which duplicate amounts already paid under the Personal Injury Protection (P.I.P.) provisions of the same policy.

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