[Download] "Cingoranelli V. St. Paul Fire And Marine Insurance Co." by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Cingoranelli V. St. Paul Fire And Marine Insurance Co.
- Author : Colorado Supreme Court
- Release Date : January 14, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
We granted certiorari to review the decision of the court of appeals in Cingoranelli v. St. Paul Fire & Marine Ins., 636 P.2d 1285 (Colo. App. 1981), which held, in a case of first impression, that a general release executed in favor of a tortfeasor by an automobile accident victim barred the victim from pursuing "no fault" personal injury protection (PIP) claims against a PIP insurer and precluded the victim from recovering PIP benefits retained by the PIP insurer from the tort settlement proceeds paid in consideration of the general release. Because PIP benefits are distinct in both purpose and effect from tort claims, we hold that a general release of a tortfeasor by an automobile accident victim does not serve to release an insurance carrier from its PIP obligations in the absence of a specific provision which unequivocally includes PIP claims within the scope of the release instrument. We therefore reverse and remand for further proceedings.