A contract may be construed either before or after there has been a breach thereof.
Source: L. 23: p. 268, § 3. CSA: C. 93, § 80. CRS 53: § 77-11-3. C.R.S. 1963: § 77-11-3.
ANNOTATION
Validity of contract or question arising under contract must be pleaded. In an action under this article to determine the validity of a contract, the complaint failing to allege that the validity of the contract had been questioned, or that a question had arisen under it, no cause of action was stated. Gabriel v. Bd. of Regents of Univ. of Colo., 83 Colo. 582, 267 P. 407 (1928).
Contracts interpreted only when all necessary facts determinable. Although this section and C.R.C.P. 57 provide that a contract may be interpreted prior to breach, these provisions are inapplicable where the dispute requires an interpretation in light of extrinsic facts which are not yet determinable. McDonald's Corp. v. Rocky Mt. McDonald's, Inc., 42 Colo. App. 143, 590 P.2d 519 (1979).
Insurer may seek declaration of contractual responsibilities of defense against "insured". An insurer may seek a declaration of its contractual responsibilities of defense and indemnification in connection with a claim filed against a person who arguably qualifies as an "insured" under the insurance contract. Hartford Ins. Group v. District Court, 625 P.2d 1013 (Colo. 1981).