FARMERS INS. EXCHANGE v. BILL BOOM INC.

Nos. 97SC164, 97SC182, 97SC201, 97SC506.

961 P.2d 465 (1998)

FARMERS INSURANCE EXCHANGE, Petitioner, v. BILL BOOM INCORPORATED, a Colorado corporation, Respondent. MID-CENTURY AUTO COMPANY, Petitioner, v. SAFEWAY TRUCKING, INC. and Larry Dean Lincoln, Respondents. AMERICAN FAMILY INSURANCE GROUP, Petitioner, v. FEDERAL EXPRESS CORPORATION, Respondent. SCHNEIDER NATIONAL CARRIERS, INC., a Nevada corporation, and Robert Westfall, Petitioners, v. ALLSTATE INSURANCE COMPANY, an Illinois corporation, Respondent.

Supreme Court of Colorado.

June 8, 1998.


Attorney(s) appearing for the Case

White and Steele, P.C., John M. Lebsack, Keith R. Olivera, Denver, for Petitioner, Farmers Insurance Exchange.

Godfrey & Associates, P.C., Brett Marshall Godfrey, Alison Faryl Kyles, Denver, for Respondent, Bill Boom Inc., a Colorado Corp.

Campbell, Latiolais & Ruebel, P.C., Colin C. Campbell, Denver, for Petitioner, Mid-Century Auto Company.

Godfrey & Associates, P.C., Peter Moyson, Brett Marshall Godfrey, Alison Faryl Kyles, Denver, for Respondents, Safeway Trucking, Inc. and Larry Dean Lincoln.

Mary E. Gibbons, Englewood, Colorado, for Petitioner, American Family Insurance Group.

Godfrey & Associates, P.C., Brett Marshall Godfrey, Alison Faryl Kyles, Denver, for Respondent, Federal Express Corporation.

Treece, Alfrey, Musat & Bosworth, P.C., June Baker Laird, Carol Lynn Thomson, Denver, for Petitioners, Schneider National Carriers, Inc., and Robert Westfall.

Walberg & Dagner, P.C., Randall S. Herrick-Stare, Englewood, for Respondent, Allstate Insurance Company, an Illinois corporation.

Berryhill, Cage & North, P.C., Mark W. Williams, Denver, for Amicus Curiae National Association of Independent Insurers.

Levy & Lambdin, P.C., Marc R. Levy, Scott P. Landry, Englewood, for Amicus Curiae State Farm.

Office of the City Attorney, Charles H. Richardson, Julia A. Bannon, for Amicus Curiae City of Aurora.

Colorado Municipal League, David W. Broadwell, Denver, for Amicus Curiae Colorado Municipal League.

Hale Pratt Hackstaff Laitos Green & Tymkovich, P.C., Karen E. Leather, Denver, for Amicus Curiae Colorado Compensation Insurance Authority.


Justice KOURLIS delivered the Opinion of the Court.

I.

Under the Colorado Auto Accident Reparations Act, sections 10-4-701 to -726, 4A C.R.S. (1994) (No-Fault Act), insurers are generally responsible for the covered benefits owed to insureds involved in an accident, without any opportunity to recover those benefits from the insurer of the other driver. However, the No-Fault Act does provide an exception to the general rule where a motor vehicle accident...

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