United States District Court, D. Colorado
ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY
CHRISTINE M. ARGUELLO UNITED STATES DISTRICT JUDGE.
matter is before the Court on Defendant Geico Casualty
Company's Motion for Summary Judge, wherein Defendant
argues that Plaintiff Brian Rod Disizelets was not insured at
the time of his motor vehicle collision on February 25, 2013.
(Doc. # 68.) Defendant requests that the Court therefore
enter summary judgment on all of Plaintiff's claims.
(Id.) Because genuine issues of material fact govern
this dispute, the Court denies Defendant's Motion for
relevant facts, when viewed in the light most favorable to
Plaintiff, are as follows. See Allen v. Muskogee,
119 F.3d 837, 839-40 (10th Cir. 1997) (reviewing court must
view the evidence in the light most favorable to the
nonmoving party). On December 4, 2012, Defendant issued
Plaintiff a Colorado Family Automobile Insurance Policy, No.
4289363757. (Doc. # 4 at 2.) Defendant cancelled
Plaintiff's insurance policy on January 21, 2013, for
non-payment. (Id.; Doc. # 6 at 3.)
to Plaintiff, he called Defendant at 9:37 a.m. on February
25, 2013, in order to reinstate his policy and made a payment
to Defendant through its automated line. (Doc. # 4 at 2.)
same day, February 25, 2013, Plaintiff was involved in a
three-car motor vehicle collision at approximately 4:00pm in
Longmont, Colorado. (Id.) Plaintiff contends that
his insurance policy from Defendant was in “full force
and effect” at the date and time of the collision.
(Id. at 3.) Plaintiff called Defendant at 4:37 p.m.
to confirm that his payment made in the morning had been
received. (Id. at 2.)
has denied Plaintiff's claims arising from the February
25, 2013 motor vehicle accident. (Id. at 3.) On
February 27, 2013, Defendant sent a letter to American Family
Insurance Company, the insurance company of the other
motorist involved in that accident, stating that Plaintiff
was uninsured at the time of the collision. (Id. at
February 3, 2016, American Family Insurance Company filed a
suit against Plaintiff in Boulder County District Court, No.
16-cv-030131, seeking to recover the amounts it had paid for
property damage and bodily injuries resulting from the
accident. (Id.) On April 19, 2016, the Boulder
County District Court entered default judgment against
Plaintiff in the amount of $29, 373.57. (Id.)
then retained counsel. On August 22, 2016, Defendant informed
Plaintiff's counsel that its position was that Plaintiff
did not have insurance coverage at the time of the February
25, 2013, collision. (Id. at 3.)
PROCEDURAL HISTORY AND PLAINTIFF'S STIPULATED MOTION TO
DISMISS TWO CLAIMS
filed the action now before the Court in Boulder County
District Court on December 2, 2016, asserting six claims
against Defendant: (1) breach of contract; (2) common law bad
faith breach of contract; (3) breach of fiduciary duty; (4)
violation of the Colorado Consumer Protection
(5) statutory bad faith, Colo. Rev. Stat. §§
10-3-1115-16; and (6) respondeat superior/vicarious
liability. (Doc. # 4 at 3-7.) Defendant removed the action to
this Court on January 4, 2017. (Doc. # 1-8.) On November 15,
2017, Plaintiff filed a Motion to Dismiss Two Claims, in
which the parties stipulated to the dismissal of
Plaintiff's breach of fiduciary duty claim (Claim 3) and
his respondeat superior/vicarious liability claim
(Claim 6). (Doc. # 82.) The Court granted Plaintiff's
Motion to Dismiss these two claims on December 19, 2017.
(Doc. # 88.)
October 27, 2017, Defendant filed its Motion for Summary
Judgment on all of Plaintiff's claims. (Doc. # 68.)
Plaintiff responded to Defendant's Motion for Summary
Judgment on November 17, 2017. (Doc. # 83.) Defendant filed a
reply brief on December 1, 2017. (Doc. # 84.) Defendant's
Motion for Summary Judgment is thus ripe for the Court's
SUMMARY JUDGMENT ...