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STATE FARM MUT. AUTO. INS. CO. v. KASTNER

No. 02SC258.

77 P.3d 1256 (2003)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. Christina E. KASTNER, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 27, 2003.

Attorney(s) appearing for the Case

Hall & Evans, L.L.C., Alan Epstein, Denver, Colorado, Cain & Hayter, L.L.P., Craig W. Cain, Colorado Springs, Colorado, Attorneys for Petitioner.

Tracy Pride Stoneman, P.C., Tracy Pride Stoneman, Westcliffe, Colorado, Attorneys for Respondent.

Johnson & Ayd, P.C., James D. Johnson, Denver, Colorado, Attorneys for Amicus Curiae National Association of Independent Insurers.

Gerald C. Sloat, P.C., Gerald C. Sloat, P. Randolph Nicholson, Boulder, Colorado, Attorneys for Amicus Curiae Colorado Trial Lawyers Association.

Joel N. Varnell & Associates, Joel N. Varnell, Michael J. Decker, Denver, Colorado, Attorneys for Amicus Curiae Colorado Defense Lawyers Association.

Justice KOURLIS delivered the Opinion of the Court.

In this case, an assailant kidnapped Plaintiff, Christina E. Kastner, took her in her own car to a remote location and sexually assaulted her in the vehicle. Kastner sought coverage from her automobile insurer, State Farm Mutual Automobile Insurance Company (State Farm), for her injuries. State Farm denied coverage and brought a declaratory judgment action against Kastner, seeking a declaration that its automobile...

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