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Trudgian v. LM General Insurance Co.

2020 COA 147. No. 20CA0965. Motor Vehicle Registration Fees—CRS § 10-4-639(1).

October 15, 2020

Trudgian purchased auto insurance from LM General Insurance Co. (LM). The insured vehicle was later damaged in an accident. LM declared the vehicle a total loss and gave Trudgian an itemized settlement statement. The settlement statement did not include reimbursement for registration fees Trudgian paid for the vehicle for the time following the accident, and LM never reimbursed her for those fees.

LM filed a motion asking the trial court to decide, as a matter of law, that CRS § 10-4-639(1) does not require it to reimburse Trudgian for any credit the Department of Motor Vehicles gave or would give her for registration fees she paid on the vehicle during the period after the accident. The trial court found the payments mandatory under the statute.

On interlocutory appeal, LM argued that the trial court erred in finding the registration fee reimbursement mandatory. However, the plain language of CRS § 10-4-639(1) requires the insurer to reimburse the insured for registration fees associated with the total loss of a vehicle. Accordingly, the trial court did not err.

The order was affirmed and the case was remanded for further proceedings.

Official Colorado Court of Appeals proceedings can be found at the Colorado Court of Appeals website.

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