State Farm Mut. Auto. Ins. Co. v. Nissen
In State Farm Mut. Auto. Ins. Co. v. Nissen, 851 P.2d 165 (Col. 1993), the insured filed suit against her insurance company claiming UM coverage for bodily injury sustained while attempting to stop the theft of her covered vehicle.
The Court held that, even though the vehicle was expressly covered under the policy, it was uninsured at the moment of the accident because the insurer denied liability coverage as a result of an entitlement provision.
The insurer argued that the insured was not covered by UM benefits because the policy definition of uninsured motor vehicle did not include any vehicle insured under the policy or any vehicle furnished for the regular use of the insured.
The Colorado Supreme Court held that the exclusion of vehicles insured under the policy was void as against public policy and that the latter exclusion did not apply. Id.