Stoesz v. State Farm Mut. Auto. Ins. Co.
Stoesz v. State Farm Mut. Auto. Ins. Co.
Opinion of the Court
¶ 1 One might think that the meaning of "payment"-a word in everyone's vocabulary-is beyond dispute. But in this action to recover underinsured motorist (UIM) benefits from defendant, State Farm Mutual Automobile Insurance Company, applying the three-year statute of limitations in section 13-80-107.5(1)(b), C.R.S.2014, requires that this word be defined. And the statute does not do so.
¶ 2 Plaintiff, Edna Ella Stoesz, State Farm's insured, did not bring the action within three years of the underlying accident. Still, she entered into a settlement agreement with the underinsured motorist's liability insurer, Progressive Insurance Company, shortly before the limitations period ended. The trial court entered summary judgment against Stoesz on the basis that this settlement agreement did not constitute payment, which would have extended the limitations period for an additional two years. Based on undisputed facts, we reach the same conclusion, and therefore we affirm.
*585I. Background
¶ 3 The parties agree on the following timeline.
• On November 18, 2008, Stoesz was injured when an underinsured motorist rear-ended her car.
• On November 9, 2011-just days before the three-year limitations period expired-Stoesz sent an e-mail to Progressive confirming a policy-limits settlement.
• On December 13, 2011-shortly after this limitations period had ended-State Farm approved the settlement, at Stoesz's request.
• On December 16, 2011, Progressive issued the settlement check.
• On December 12, 2013-within two years of receiving the settlement payment-Stoesz commenced this action.
II. Standard of Review
¶ 4 Familiar principles inform our review.
• A trial court's order granting or denying summary judgment is subject to de novo review. Westin Operator, LLC v. Groh,2015 CO 25 , ¶ 19,347 P.3d 606 .
• Summary judgment is appropriate only if " 'the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.' " Id . (quoting C.R.C.P. 56(c) ).
• "All doubts must be resolved against the moving party; at the same time, the nonmoving party must receive the benefit of all favorable inferences that may be reasonably drawn from the undisputed facts." Id . at ¶ 20 (internal quotation marks omitted).
III. Stoesz's Claim Was Untimely Under Section 13-80-107.5(1)(b)
¶ 5 Stoesz contends her action was timely because she entered into a settlement agreement with Progressive before the limitations period had run, which gave her an additional two years to bring the action; and, in any event, Progressive agreed to toll the statute of limitations for a claim against its insured while State Farm considered approving the agreement. State Farm responds that subsection (1)(b) requires "payment" during the limitations period, which was not met by the settlement agreement, and the tolling agreement between Progressive and Stoesz did not affect its rights. We agree with State Farm.
A. Law
¶ 6 The meaning of "payment" is a question of statutory interpretation subject to de novo review, looking first at the statute's language to discern legislative intent. Granite State Ins. Co. v. Ken Caryl Ranch Master Ass'n,
¶ 7 When examining a statute's wording, "[w]e do not presume that the legislature used language idly and with no intent that meaning should be given to its language." Colo. Water Conservation Bd. v. Upper Gunnison River Water Conservancy Dist.,
¶ 8 Subsection (1)(b) provides, as relevant here:
An action ... of an "underinsured motorist" insurance claim ... shall be commenced ... within three years after the cause of action accrues; except that, if the underlying bodily injury liability claim against the underinsured motorist is preserved by commencing an action against the underinsured motorist or by payment of either the liability claim settlement or judgment within [three years], then an action ... of an underinsured motorist claim shall be timely if such action is commenced ... within two years after the insured *586received payment of the settlement or judgment on the underlying bodily injury liability claim....
§ 13-80-107.5(1)(b) (emphasis added).
¶ 9 This subsection "not only provides the insured a term of years following the injury within which to file, much like a tort claim, but also provides him with a period of time after he settles or reaches judgment against the tortfeasor and thus becomes aware of an uncompensated loss." Pham v. State Farm Auto. Ins. Co.,
B. Analysis
¶ 10 Because Stoesz did not commence an action against the underinsured motorist, preservation depends on whether "payment" of "the liability claim settlement" occurred within the three-year limitations period by virtue of the settlement agreement. We conclude that it did not.
1. Meaning of "Payment"
¶ 11 The parties do not cite Colorado case law, nor have we found any, addressing the meaning of "payment" under subsection (1)(b).
2. Ambiguity
¶ 12 Although Stoesz fails to present a different definition from either a dictionary or a case, she posits that because section 13-80-107.5 does not define payment, the statute is ambiguous. From this premise, she urges that our definition should be broad and reflect the policy of fully compensating persons injured by financially irresponsible motorists. See Terranova v. State Farm Mut. Auto. Ins. Co.,
¶ 13 But legislative failure to define a term does not necessarily make it ambiguous. See River of Life Kingdom Ministries v. Vill. of Hazel Crest, Ill.,
¶ 14 Stoesz's parallel argument for a broad, policy-based definition-that "payment" is ambiguous because it is susceptible to more than one meaning-fares no better. According to Stoesz, "payment" could mean the receipt of funds; the date a payment check "was prepared by [the] insurer"; or, as she urges to avoid the time bar, "the date the *587parties reached a legally enforceable contractual agreement to pay."
¶ 15 As for her first example, one dictionary definition quoted above focuses on the act of delivery, as do some cases. See, e.g., In re Thomas B. Hamilton Co., Inc.,
¶ 16 Be that as it may, the language of subsection (1)(b) precludes equating "payment" with receipt. Subsection (1)(b) uses both "payment" of a settlement and "received payment" of a settlement. The General Assembly is presumed to have intended a difference between them. Because Stoesz's argument that "payment" could mean when the settlement payment was received ignores this presumed difference, it would render the General Assembly's use of the term "received" superfluous. But courts "must ... avoid interpretations that render statutory provisions redundant or superfluous." Wolford v. Pinnacol Assurance,
¶ 17 As to her other examples, Stoesz does not cite any authority supporting either the date a payment check was prepared or the date of an enforceable settlement agreement. Nor have we found any in Colorado.
¶ 18 For these reasons, the term payment, as used in this statute, is not ambiguous. Absent ambiguity, a court need not favor a broad definition and may not consider policy implications. See Krol v. CF & I Steel,
¶ 19 Even so, because of the statutory distinction between "payment" and "received payment," discussed above, Stoesz's example of payment by entering into a settlement agreement cannot be rejected on the sole basis that it does not encompass receipt. But including settlement agreements within the meaning of "payment," at least for statute of limitations purposes, would contradict two fundamental principles underlying such statutes.
¶ 20 First, uncertainty could result. See generally Lozano v. Montoya Alvarez, 572 U.S. ----, ----,
¶ 21 Second, and setting aside possible uncertainty over enforceability, such an agreement could extend the deadline for filing UIM claims beyond the additional two years provided. See Brown v. Am. Family Ins. Grp.,
¶ 22 For these reasons, and even assuming that Stoesz and Progressive entered into a binding settlement agreement,
3. Absurd Result
¶ 23 Undaunted, Stoesz argues that excluding a binding settlement agreement from the meaning of "payment" leads to an absurd result-insureds having to file "unnecessary lawsuits to preserve already settled claims," pending receipt of the settlement funds. But Stoesz creates a false dilemma because filing suit against the underinsured motorist is not the only option for a UIM insured who is negotiating a settlement with the underinsured motorist. Suppose the UIM insured in this situation approached the UIM insurer and requested tolling, pending its approval of the liability settlement and receipt of the proceeds. Because a reasonable settlement would avoid the risk to the UIM insurer that its exposure may increase because of an unsuccessful lawsuit against the underinsured motorist, the insurer would be motivated to agree.
¶ 24 In any event, had the General Assembly intended for preservation to occur based on a binding settlement agreement, it could have said so. See People v. Moore,
IV. The Limitations Period Was Not Tolled as to State Farm
¶ 25 The e-mail exchange between Stoesz's counsel and Progressive included a "confirmation of your request to waive any statute of limitations defenses." Stoesz argues that her claim against State Farm is not barred under section 13-80-107.5(1)(b) because Progressive agreed to toll the statute of limitations for commencing an action against the underinsured motorist. See Lewis v. Taylor, 2014 COA 27M, ¶ 12, --- P.3d ---- ("[P]arties cannot waive a jurisdictional time limitation but may agree to toll a nonjurisdictional one.").
¶ 26 Stoesz does not point to any evidence in the record that Progressive had authority to waive defenses on behalf of State Farm or that State Farm even knew of Progressive's waiver on behalf of its insured. Stoesz cites no authority, nor are we aware of any in Colorado, suggesting how-under these circumstances-Progressive's waiver could deprive State Farm of a defense based on the three-year limitations period. Thus, because *589the tolling agreement was only between Progressive and Stoesz, it had no effect on State Farm. See generally Chandler-McPhail v. Duffey,
V. Conclusion
¶ 27 The summary judgment is affirmed.
JUDGE GRAHAM and JUDGE TERRY concur.
Nor does either party rely on legislative history.
Before the trial court, State Farm did not dispute that the settlement agreement was binding as between Progressive and Stoesz.
We decline to address whether other scenarios that Stoesz raises-authorization to issue a settlement check or replacement of such a check that had been lost in the mail-would constitute payment because the record does not show when Progressive authorized issuance of the check, and it was issued after the three-year limitations period had expired. See Cacioppo v. Eagle Cnty. Sch. Dist. Re-50J,
Reference
- Full Case Name
- Edna Ella STOESZ v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
- Cited By
- 3 cases
- Status
- Published