(1) A judgment for periodic payments under this part 2 shall provide that:
(a) Such periodic payments are fixed and determinable as to amount and time of payment;
(b) Such periodic payments cannot be accelerated, deferred, increased, or decreased by the recipient of such payments; and
(c) The recipient of such payments shall be a general creditor of the qualified insurer.
(2) Unless the court directs otherwise and the parties otherwise agree, payments shall be scheduled at one-month intervals. Payments for damages accruing during the scheduled intervals are due at the beginning of the intervals. For good cause shown, the court may direct that periodic payments shall continue for an initial term of years notwithstanding the death of the judgment creditor during that term.
(3) Money damages awarded for loss of future earnings shall not be reduced or payments terminated by reason of the death of the judgment creditor. Any such remaining periodic payments shall be paid to the heirs and devisees of the judgment creditor. Payments for future damages other than loss of future earnings shall cease at the death of the judgment creditor.
Source: L. 88: Entire article added, p. 615, § 1, effective July 1.
Notes of Decisions
HealthONE v. Rodriguez ex rel. Rodriguez, 50 P.3d 879 (Colo. 2002).
· cites it 5× “The trial court's order specifically stated that, in the event of Rodriguez's death, the periodic payments for future lost earnings shall be made to Rodriguez's heirs and devisees until the date of termination, as required by section 13-64-206(3).”
Allen v. Pacheco, 71 P.3d 375 (Colo. 2003).
· cites it 4× “For example, although "qualified insurer" is a defined term, it appears only twice in the HCAA: in the section concerning periodic installment obligations, section 13-64-206, and in the section concerning funding that obligation, section 13-64-208.”
Rodriguez ex rel. Rodriguez v. Healthone, 24 P.3d 9 (Colo. Ct. App. 2001).
· cites it 4× “However, § 13-64-206(2) allows a court, for good cause shown, to "direct that periodic payments shall continue for an initial term of years notwithstanding the death of the judgment creditor during that term.”
Vitetta v. Corrigan, 240 P.3d 322 (Colo. Ct. App. 2009).
“" § 13-64-206(8), C.R.8.2008. Nonetheless, defendants had no vested right to the potential benefits of paying the judgment over time rather than immediately.”
Colo. Rev. Stat. § 13-64-206(2): 1 case
Rodriguez ex rel. Rodriguez v. Healthone, 24 P.3d 9 (Colo. Ct. App. 2001).
“However, § 13-64-206(2) allows a court, for good cause shown, to "direct that periodic payments shall continue for an initial term of years notwithstanding the death of the judgment creditor during that term.”
Colo. Rev. Stat. § 13-64-206(3): 1 case
HealthONE v. Rodriguez ex rel. Rodriguez, 50 P.3d 879 (Colo. 2002).
“The trial court's order specifically stated that, in the event of Rodriguez's death, the periodic payments for future lost earnings shall be made to Rodriguez's heirs and devisees until the date of termination, as required by section 13-64-206(3).”
Colo. Rev. Stat. § 13-64-206(8): 3 cases
HealthONE v. Rodriguez ex rel. Rodriguez, 50 P.3d 879 (Colo. 2002).
“The trial court's order specifically stated that, in the event of Rodriguez's death, the periodic payments for future lost earnings shall be made to Rodriguez's heirs and devisees until the date of termination, as required by section 13-64-206(3).”
Vitetta v. Corrigan, 240 P.3d 322 (Colo. Ct. App. 2009).
“" § 13-64-206(8), C.R.8.2008. Nonetheless, defendants had no vested right to the potential benefits of paying the judgment over time rather than immediately.”
Rodriguez ex rel. Rodriguez v. Healthone, 24 P.3d 9 (Colo. Ct. App. 2001).
“However, § 13-64-206(2) allows a court, for good cause shown, to "direct that periodic payments shall continue for an initial term of years notwithstanding the death of the judgment creditor during that term.”
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