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Estate of Wright v. United Services Automobile Association11/8/2001 raud, malice, or willful and wanton conduct. Colo. Sess. Laws 2001, ch. 128, § 13-21-203(3)-(7) at 377-78. This amendment evidences a legislative recognition that compensatory damages for non-economic loss are distinct from punitive damages.
We thus reject USAA's contention that the trial court's judgment requires USAA to pay punitive damages and is therefore in violation of public policy.
Accordingly, the trial court properly determined that USAA's liability under the UM coverage is not limited by the $250,000 statutory cap on recovery of non-economic damages.
The judgment is affirmed.
JUDGE CASEBOLT and JUDGE VOGT concur.
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