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ALLSTATE INSURANCE COMPANY v. SMITH

No. 93CA0504.

879 P.2d 458 (1994)

ALLSTATE INSURANCE COMPANY, Plaintiff-Appellee, v. Melanie SMITH, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied May 26, 1994.

Certiorari Granted August 29, 1994.

Attorney(s) appearing for the Case

Zupkus & Ayd, Stefan Kazmierski, Patricia M. Ayd, Greenwood Village, for plaintiff-appellee.

Dallas, Holland & O'Toole, P.C., Neil D. O'Toole, Denver, for defendant-appellant.

McDermott, Hansen & Reilly, William J. Hansen, Denver, for amicus curiae Colorado Trial Lawyers' Ass'n.

Opinion by Chief Judge STERNBERG.

The defendant, Melanie Smith, appeals the summary judgment entered in favor of plaintiff, Allstate Insurance Company. The sole issue on appeal is whether, under the Colorado Auto Accident Reparations Act, § 10-4-701, et seq., C.R.S. (1987 Repl.Vol. 4A), an insurer must pay mileage costs for transportation to health care providers as part of the "reasonable and necessary expenses" for the treatment of injuries arising from an...

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