United States District Court, D. Colorado
Y. WANG, Magistrate Judge.
OF CONFERENCE AND APPEARANCES OF COUNSEL AND PRO SE PARTIES
Rule 16(b) Scheduling Conference is set for February 24, 2016
at 9:30 a.m. in Courtroom C-204 before Magistrate Judge Nina
Y. Wang. Plaintiff Thomas Rountree is represented by Miles M.
Dewhirst and Rick N. Haderlie of Dewhirst & Dolven, LLC, 102
S. Tejon St., Ste. 500, Colorado Springs, CO 80903, (719)
520-1421. Defendant USAA Casualty Insurance Company
("USAA CIC") is represented by Mr. Jeremy A.
Moseley and Ms. Stefania C. Scott of Wheeler Trigg
O'Donnell LLP, 370 17th Street, Suite 4500, Denver,
Colorado, 80202, (303) 244-1800. Defendant State Farm Mutual
Automobile Insurance Company ("State Farm") is
represented by Marc R. Levy and Heather E. Judd of Levy
Wheeler Waters, Professional Corporation, 6400 S. Fiddlers
Green Circle, Suite 900, Greenwood Village, CO 80111, (303)
STATEMENT OF JURISDICTION
USAA CIC states the Court has subject matter jurisdiction
over all claims in this matter pursuant to 28 U.S.C. Â§
1332(a)(1) because Plaintiff and Defendants are citizens of
different states, and the amount in controversy exceeds the
jurisdictional threshold, exclusive of interest and costs.
Plaintiff is a citizen of the State of Colorado (ECF No. 5, Â¶
1). For purposes of diversity, a corporation is deemed to be
a citizen of every state by which it has been incorporated
and of the state where it has its principal place of
business. 28 U.S.C. Â§ 1332(c)(1).
CIC is a citizen of Texas (ECF No. 1, Â¶Â¶ 20-22), as it is a
Texas corporation with its principal place of business in San
Antonio, Texas. State Farm is a citizen of Illinois, as it is
an Illinois corporation with its principal place of business
in Bloomington, Illinois. (ECF No. 26, Â¶ 2.) See exhibits
attached to State Farm's Response to Motion to Remand at
Docket No. 30.
asserts jurisdiction in this Court is inappropriate for lack
of diversity because State Farm is a citizen of Colorado,
with a principal place of business at 1555 Promontory Circle,
Greeley, Colorado XXXXX-XXXX. Plaintiff's Motion to
Remand is pending.
STATEMENT OF CLAIMS AND DEFENSES
was seriously injured in a single vehicle accident that
occurred on January 4, 2013 while Plaintiff was riding as a
passenger in the vehicle. Plaintiff claims entitlement to
Medical Payment policy benefits from USAA, and Underinsured
Motorist (UIM) policy benefits from State Farm as a result of
his injuries. Plaintiff claims damages for Defendants'
unreasonable delay and denial of said benefits and asserts
causes of action against both Defendants of breach of
contract, insurance bad faith, and violation of C.R.S. Â§
10-3-1115. In addition, Plaintiff asserts violation of the
Colorado Consumer Protection Act against USAA.
Defendant USAA CIC:
USAA CIC denies it breached any contractual obligations owed
to Plaintiff, denies it acted in bad faith, denies that it
acted unreasonably in the handling of Plaintiff's claim
for medical payments benefits, and denies that it violated
the Colorado Consumer Protection Act. The medical payments
insuring agreement provides that USAA CIC will pay only the
reasonable fee for medically necessary and appropriate
medical services that result from bodily injury sustained by
a covered person in an auto accident and that are for
services rendered within one year of the date of the auto
accident. USAA CIC disclosed the medical payments provisions,
including the one-year limitation, to its policyholder Ken W.
Tell ("Tell"). Plaintiff submitted a number of
medical bills for services that were not related to the
accident and submitted a number of bills for services that
USAA CIC determined were not medically necessary and
appropriate. Plaintiff also submitted medical bills for
services rendered more than one year from the date of the
accident, which are not covered pursuant to the express terms
of the policy. USAA CIC complied with the policy provisions
and Colorado law in its adjustment Plaintiff's medical
Defendant State Farm Mutual Automobile Insurance Company:
State Farm, denies that it wrongfully delayed or denied
Plaintiff's claim. State Farm denies any and all wrong
doing with respect to the investigation and evaluation of
Plaintiff's claims. At all times, State Farm acted
reasonably in its investigation and evaluation of
following facts are undisputed:
or about January 4, 2013, Tell was operating a 2008 BMW M3 at
or about 6410 Austin Bluffs Parkway, Colorado Springs,
Colorado, with Plaintiff as a passenger, when they were
involved in a single vehicle automobile accident.
was at-fault in the accident.
the time of the accident Plaintiff was a covered person
pursuant to the terms of an automobile insurance policy,
Policy No. 00502 21 51C 7101 4 (the "Policy"),
which included medical payments coverage of $100, 000 per
person, subject to all applicable conditions, exclusions,
limits, and terms.
the time of the accident, Plaintiff was also insured by State
Farm under policy(ies) providing Underinsured Motorist (UIM)
Under both the Medical Payment and UIM policies, Plaintiff is
a first party Claimant within the meaning of C.R.S. Â§
Plaintiff also made claims to USAA for Medical Payment
benefits, and to State Farm for UIM benefits.
Plaintiff settled his claims against Kenneth Tell for limits
of liability insurance available to Mr. Tell.
State Farm consented to Plaintiff's settlement of his
claims against Kenneth Tell.
COMPUTATION OF DAMAGES
[Include a computation of all categories of damages
sought and the basis and theory for calculating damages. See
Fed.R.Civ.P. 26(a)(1)(A)(iii). This should include the claims
of all parties. It should also include a description of the
economic damages, non-economic damages, and physical
impairment claimed, if any.]
claims $100, 000 in UIM benefits from State Farm, and $51,
522.13 from USAA, and any other additional policy benefits
for continuing medical expenses to which Plaintiff is
entitled. In addition, Plaintiff claims damages for
Defendants' breach of their respective duties of good
faith and fair dealing, and unreasonable delay and denial,
including but not limited to reasonable attorney fees and
court costs and two times the covered benefit pursuant to
C.R.S. Â§ 10-3-1116(1). In addition, against USAA Plaintiff
claims three times the amount of actual damages, costs, and
reasonable attorney fees as ...