Blog Post

Colorado Accident & Injury Law Part IX:Appropriate Prejudgment Interest on a Judgment in an Insured Motorist Case

Posted by: Michael Sawaya
October 01, 2009
Topic: Auto Accidents

  • The Supreme Court in the case of USAA v. Parker, O7SC524 upheld the Court of Appeals ruling in USAA v. Parker, P.3d , No. 05CA2361, 05CA2569, slip op. (Colo. App. May 3, 2007), that the "personal injury statute" controls the calculation of prejudgment interest in such cases and thus Petitioner USAA, Respondent Richard Parker's uninsured/underinsured motorist (UM/UIM) insurer, was liable to Parker for prejudgment interest on his UIM claim at rate of nine percent per annum from the date of Parker's accident as mandated by that statute.
  • The appellate Court reject the argument that the interest should be calculated pursuant to C.R. S. 5-12-102 at 8 percent instead of 9 percent.

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