(DOWNLOAD) "Budget Rent-A-Car Corp. V. Martin" by Colorado Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Budget Rent-A-Car Corp. V. Martin
- Author : Colorado Supreme Court
- Release Date : January 19, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This case presents an issue of coverage for no-fault insurance claims asserted by the plaintiffs*fn1 against Budget Rent-A-Car Corporation (Budget) for injuries sustained as passengers in a motor vehicle rented in Colorado and involved in an accident in Texas. The trial court granted partial summary judgment for the plaintiffs on the issue of coverage, holding that they were entitled to no-fault personal injury protection insurance benefits under certain provisions of the Colorado Auto Accident Reparations Act, § 10-4-701 to -723, 4A C.R.S. (1987) (the No-Fault Act).*fn2 In the ensuing jury trial, the trial court held that the evidence was insufficient to support an instruction or exemplary damages and dismissed the plaintiffs' claim for such damages. The court of appeals affirmed on both issues. Martin v. Principal Casualty Insurance Company, 835 P.2d 505 (Colo. App. 1991). We granted Budget's petition for certiorari to review the coverage issue and granted the plaintiffs' cross-petition to review the exemplary damages issue. We hold that the No-Fault Act does not extend the claimed benefits to the plaintiffs for injuries sustained in the Texas accident. As a result, it is unnecessary for us to reach the issue of whether the trial court erred in dismissing the plaintiffs' claim for exemplary damages and we remand with directions that the case be returned to the trial court for further proceedings in accordance with this opinion.