Progressive Direct Insurance Co. v. Ortiz.

2026 CO 40. No. 24SC440. Uninsured Motorist (UM) Coverage—CRS § 10-4-609—UM Insurer Participation in Tort Litigation Between Uninsured and Insured Motorists—State Farm Mutual Automobile Insurance Co. v. Brekke.

June 1, 2026

The supreme court granted certiorari to review whether it should reconsider its decision in State Farm Mutual Automobile Insurance Co. v. Brekke, 105 P.3d 177 (Colo. 2004). There, the court held that to provide a court with the information necessary to determine a uninsured motorist (UM) insurer’s level of participation in tort litigation between its insured and an uninsured motorist, a UM insurer must plead with particularity the legitimate defenses it intends to raise as soon as practicable.

With one minor clarification regarding CRCP 8 and CRCP 9(b), the court declined to overrule Brekke. Instead, the court concluded that Brekke’s guiding principles stand. To provide a court with the information needed to timely determine a UM insurer’s appropriate level of participation in tort litigation between its insured and an uninsured motorist, an insurer must—as soon as practicable—plead its legitimate defenses specifically. Rule 9(b) does not apply unless a UM insurer asserts fraud or mistake as a legitimate defense.

Because the UM insurer in this case failed to meet Brekke’s requirements, the court concluded that the district court did not abuse its discretion in barring the UM insurer from contesting liability in the tort litigation between its insured and an uninsured motorist. The district court appropriately balanced the interests of the parties and provided the insurer with the opportunity for a fair hearing on its legitimate defenses. Accordingly, the court affirmed the judgment of the court of appeals.