United States District Court, D. Colorado
Brooke Jackson United States District Judge
case comes before the Court on defendants' motion for
summary judgment, ECF No. 75, and plaintiff's motion for
partial summary judgment, ECF No. 78. Defendants (collectively
“GEICO”) subsequently filed a motion for leave to
file a supplemental motion for summary judgment, ECF No. 87,
but the Court declines GEICO's request and instead
reviews the arguments presented in the original motions
alone. Upon review of the briefings, the Court DENIES
GEICO's motion for summary judgment. The Court GRANTS in
part and DENIES in part plaintiff's motion for partial
dispute arises from a state court case filed by Sarah Drobek
in 2015, which in turn arises from Patrick Frank's having
rear-ended her car on October 3, 2012. ECF No. 3 at 2. Both
cars were totaled, and Ms. Drobek sustained injuries.
time of the crash, Mr. Frank was insured under a GEICO
automobile insurance policy (“the Policy”).
Section I of the Policy stated that:
[W]e will pay damages which an
insured becomes legally obligated
to pay because of:
1. Bodily injury, sustained by a person, and;
2. Damage to or destruction of property, arising out of the
ownership, maintenance or use of the owned auto or a
non-owned auto. We will defend any suit for damages payable
under the terms of this policy. We may investigate and settle
any claim or suit.
78-3 at 4 (emphasis in original). The Policy defined an
“insured” as follows:
Section I applies to the following as
insureds with regard to an
1. you and your relatives . . .
3. any . . . organization for . . . its
liability because of the acts or omissions of an insured
under 1. or 2. above.
Id. at 6 (emphasis in original).
Drobek retained counsel, and in her complaint she asserted
that Mr. Frank was working as an employee or agent of Obama
for America (“OFA”) at the time of the crash. ECF
No. 78-7. As such, she brought claims against Mr. Frank for
negligence and against OFA asserting vicarious liability.
Both were served with the complaint, and on November 12, 2015
Ms. Drobek's counsel forwarded a copy of the complaint to
GEICO, together with proof of service on Mr. Frank and OFA.
hired an attorney to represent Mr. Frank. The attorney filed
an answer on Mr. Frank's behalf only, and on November 16,
2015 the attorney offered Ms. Drobek $50, 000 to settle Mr.
Frank's claims. ECF No. 78-8. Ms. Drobek accepted and
released her claims against Mr. Frank. The release and
settlement agreement stated:
It is understood that Sarah Drobek filed suit and made claim
against both Patrick S. Frank and Obama for America. In
signing this release, Sarah reserves her right to continue
with her claim against Obama for America. It is understood
this release is solely for the benefit of Patrick S. Frank
and is not intended ...