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Leonard v. State Farm Mutual Auto Insurance Co.

Supreme Court of Colorado, En Banc

February 10, 2014

Rebecca Leonard, Petitioner
v.
State Farm Mutual Auto Insurance Company, Respondent

Court of Appeals Case No. 11CA2633

Petition for Writ of Certiorari DENIED.

JUSTICE HOBBS and JUSTICE BOATRIGHT would grant as to the following issues:

Whether the court of appeals erred in deciding that plaintiff did not recover a final judgment in excess of her offer of settlement under C.R.S. section 13-17-202(1)(a)(I), by limiting the calculation of plaintiff's final judgment to include only: (1) the verdict, (2) pre-offer prejudgment interest and (3) pre-offer costs. In ruling that only plaintiff's pre-offer costs would be included in the final judgment the court of appeals imposed a requirement that does not exist in the statute, or the terms of plaintiff's offer of settlement. Plaintiff's final judgment, including the verdict, pre-offer prejudgment interest together with either her actual costs, or the court award costs, exceeded the offer of settlement.

Whether the court of appeals erred in affirming the award of costs to defendant, because even if it is a prevailing party, it is not entitled to an award of costs because it rejected plaintiff's offer of settlement and accrued great liability under the judgment.

Whether the court of appeals erred in finding that the trial court applied the appropriate legal standards in denying most of plaintiff's actual costs.

JUSTICE HOOD does not participate.


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