Munoz v. Am. Family Mut. Ins. Co.
Munoz v. Am. Family Mut. Ins. Co.
Opinion
*1129 ¶ 1 In this matter, we consider whether an insured is entitled to collect prejudgment interest when he settles an uninsured motorist claim ("UM claim") with his insurer in lieu of filing a lawsuit and proceeding to judgment. 1 We hold that, under the plain language of the prejudgment interest statute, § 13-21-101, C.R.S. (2017), an insured is entitled to prejudgment interest only after (1) an action is brought, (2) the plaintiff claims damages and interest in the complaint, (3) there is a finding of damages by a jury or court, and (4) judgment is entered. Because Munoz did not meet all of these conditions, he is not entitled to prejudgment interest. We therefore affirm the court of appeals.
I. Facts and Procedural History
¶ 2 After Joel Munoz was injured in a car crash with an uninsured motorist, he filed a UM claim with his insurer, American Family Insurance Company ("American Family"). During settlement negotiations, Munoz asked American Family to include prejudgment interest in its offer, but it declined to do so, stating that because prejudgment interest is required only after a judgment, it would not consider interest in settlement negotiations.
¶ 3 American Family ultimately offered Munoz $10,008 to settle his claim, not including prejudgment interest. Munoz stated that he would accept the offer, but again asked American Family to add prejudgment interest, suggesting that he would otherwise sue. American Family did not consider that a true acceptance, and the parties were unable to resolve their dispute.
¶ 4 Munoz then sued. In his complaint, he alleged that American Family had breached its contract by refusing to pay all that he was entitled to under the uninsured motorist policy, which he viewed as including prejudgment interest. Munoz also alleged that American Family did not have a reasonable basis to deny him this benefit and that it had acted in bad faith by compelling him to litigate his claims to recover his full benefits.
¶ 5 Munoz then filed a motion for determination of law, asking the court to decide whether an insurance company must pay prejudgment interest on money received from a settlement. Munoz argued that according to this court's opinion in
USAA v. Parker
,
¶ 6 The trial court disagreed. It concluded that American Family was not required to include prejudgment interest in any settlement offer because the claim did not result in a judgment through litigation. In so doing, *1130 the trial court distinguished Parker , finding that it did not address whether an insurer must pay prejudgment interest on a settlement, and ruling that requiring an insurer to do so would be contrary to the uninsured motorist statute and lead to "an inconsistent and bizarre result." 2
¶ 7 Munoz then appealed the trial court's determination of law. The court of appeals agreed with the trial court, holding that insurance companies are not required to pay prejudgment interest on a settlement.
Munoz v. Am. Family Ins. Co.
,
¶ 8 Munoz filed a petition for certiorari, which we granted.
II. Standard of Review
¶ 9 We review questions of law and statutory interpretations de novo.
Goodman v. Heritage Builders, Inc.
,
III. Analysis
¶ 10 In deciding whether Munoz is entitled to prejudgment interest, we first turn to the text of the applicable statute. We conclude that the plain language of section 13-21-101 requires that certain conditions be met for a party to receive prejudgment interest, and because Munoz did not meet these conditions, he is not entitled to prejudgment interest.
¶ 11 Section 13-21-101 governs whether and when a party is entitled to collect prejudgment interest. It requires that the court add prejudgment interest to the damages claimed by the plaintiff and assessed by the fact-finder:
In all actions brought to recover damages for personal injuries ... it is lawful for the plaintiff in the complaint to claim interest on the damages claimed from the date the action accrued. When such interest is claimed, it is the duty of the court in entering judgment for the plaintiff in the action to add to the amount of damages assessed by the verdict of the jury, or found by the court , interest on such amount....
§ 13-21-101(1) (emphases added). As the court of appeals noted, there are several clauses in the statute indicating that prejudgment interest applies only after a judgment. The following conditions must be met: (1) an action must be brought, (2) the plaintiff must claim damages and interest in the complaint, (3) there must be a finding of damages by a jury or the court, and (4) judgment must be entered. See Munoz , ¶ 10. The statute is not ambiguous. It requires that all four conditions be satisfied for prejudgment interest to be awarded.
¶ 12 A pre-claim settlement does not satisfy any of these four conditions. When parties reach a settlement prior to litigation, no action is brought, no damages or interest are claimed in a complaint, no finding of damages is made by a jury or court, and no judgment is entered. Such was the case here when American Family offered the settlement;
*1131 none of the conditions had been met, and so American Family was not required to include prejudgment interest. And while Munoz has now filed an action and demanded damages and interest in his complaint-thereby technically meeting the first two requirements-he did so to determine whether he was entitled to prejudgment interest on the settlement offered rather than to obtain a judgment on his underlying claim. Thus, he has not met the required conditions to be entitled to prejudgment interest.
¶ 13 This reading of the statute is consistent with what we have previously held to be its purpose: "[T]o compensate the plaintiff for the time value of the amount of his or her judgment."
Morris v. Goodwin
,
¶ 14 While Munoz attempts to argue otherwise, we find those arguments unconvincing. Munoz first points to two cases- Morris and Seaward -where we held that section 13-21-101 was ambiguous, urging us to do the same here. In those cases, however, we interpreted section 13-21-101 in materially different contexts.
¶ 15 In
Morris
, we held that the statute was ambiguous as to how to
calculate
prejudgment interest, not as to when a party was
entitled
to prejudgment interest.
¶ 16 Munoz also relies on
Parker
, where we considered which statute a court should calculate prejudgment interest under when an insured succeeds in a UM claim against his insurer.
¶ 17 In answering this question, we stated that the uninsured motorist statute entitles an insured to recover all the damages that he could recover in an action directly against the tortfeasor, and that prejudgment interest is a form of damages.
¶ 18 Munoz extrapolates the holding and language in
Parker
to mean that he is entitled to prejudgment interest against his insurer in this case. But
Parker
did not hold that an insured is entitled to collect prejudgment interest when he
settles
a claim with his insurer. Instead, it pertained to collecting prejudgment interest from an insurer only after obtaining a
judgment
against said insurer.
See
Parker
,
¶ 19 Hence, an insured is not entitled to collect prejudgment interest against an insurer on a settlement.
IV. Conclusion
¶ 20 The text of section 13-21-101 is unambiguous, and we are unpersuaded by Munoz's arguments in the alternative. As a result, we hold that under the plain language of section 13-21-101, an insured is entitled to prejudgment interest only after (1) an action is brought, (2) the plaintiff claims damages and interest in the complaint, (3) there is a finding of damages by a jury or the court, and (4) judgment is entered. Because Munoz did not meet all of these conditions, he is not entitled to prejudgment interest. We therefore affirm the court of appeals.
Specifically, we granted certiorari to review the following issue:
1. Whether, pursuant to section 10-4-609(4), C.R.S. (2016), an insured is "legally entitled" to prejudgment interest under section 13-21-101(1), C.R.S. (2016), when the insured chooses to settle an uninsured motorist claim with his insurer in lieu of filing a lawsuit and proceeding to judgment.
After the trial court's ruling, the parties settled their remaining claims, understanding that the settlement did not resolve the dispute over prejudgment interest.
Reference
- Full Case Name
- Joel MUNOZ, Petitioner, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Respondent.
- Cited By
- 7 cases
- Status
- Published