NEWTON v. NATIONWIDE MUT. FIRE INS. CO.

No. C-1568.

594 P.2d 1042 (1979)

Julia NEWTON, Ethel M. Clark, and Lynn Saunders, as mother and next friend of James Saunders, Jr., Petitioners, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, an Ohio Corporation, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 4, 1979.


Attorney(s) appearing for the Case

Norton Frickey & Associates, Dan W. Corson, Denver, Criswell & Patterson, John Criswell, Englewood, for petitioners.

Paul D. Renner, P. C., Douglas K. Goss, Denver, for respondent.

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

DeMoulin, Anderson, Campbell & Laugesen, Laird Campbell, Richard W. Laugesen, Denver, for amicus curiae State Farm.

E. Gregory Martin, P. C., E. Gregory Martin, Barre M. Sakol, Boulder, Feder & Morris, P. C., Harold A. Feder, Irvin M. Kent, Denver, for amicus curiae Colorado Trial Lawyers' Assn.


CARRIGAN, Justice.

Nationwide Mutual Fire Insurance Company (Nationwide) sought a declaratory judgment 1 to determine the validity of its policy provision. This provision allows Nationwide to subtract from amounts payable by it as uninsured motorist coverage any amounts of personal injury protection (PIP) claims arising out of the same collision and required under the Colorado Automobile Accident Reparations Act ("No Fault" Act). Section...

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