United States District Court, D. Colorado
OPINION AND ORDER GRANTING MOTION FOR SUMMARY
JUDGMENT
Marcia
S. Krieger Chief United States District Judge
THIS
MATTER comes before the Court pursuant to the
Defendant's (“Old United”) Motion for Summary
Judgment (# 24), Ms. Gayaux's response
(# 29), and Old United's reply
(# 32)
FACTS
Because
the scope of the Court's factual consideration in this
matter is somewhat constrained, the Court begins by reciting
the pertinent facts as they are set forth in the 2015
complaint in the case of Guyaux v. Trout, filed in
the Colorado District Court for the County of Denver
(“the Denver County action”):
7. This case arises out of a tragic incident occurring on
Lake Powell in Utah where a group of friends and
acquaintances were vacationing on a [ ] houseboat which was
owned, at least in part, by Mr. Trout.
8. On June 19, 2012, Ms. Guyaux-Mitchell (one of the
vacationers) was . . . floating on an inflatable kayak that
was tethered to the houseboat.
9. As Ms. Guyaux-Mitchell was floating off the
houseboat's backside, a nearby powerboat, which Mr. Trout
had previously rented but which was being operated by another
vacationer, Andrew Vinnola, began to reverse in Ms.
Guyaux's direction.
10. Mr. Vinnola was unfamiliar with the powerboat's
operation and, intending to move the boat forward, pressed a
lever that sent the boat racing backwards and into the kayak
on which Ms. Guyaux was floating.
11. The powerboat shredded the kayak, pulled Ms. Guyaux under
the water, and severed her left leg below the hip.
12. Upon information and belief, Mr. Trout permitted Mr.
Vinnola to operate the powerboat, despite knowing that Mr.
Vinnola was unfamiliar with the powerboat's operation.
13. Upon information and belief, Mr. Trout permitted Mr.
Vinnola to operate the powerboat, despite knowing that Mr.
Vinnola had been consuming alcohol and likely would continue
to do so while using the powerboat.
19. Ms. Guyaux-Mitchell's injuries arose out of her use
of the houseboat, insofar as she was using the houseboat when
she was struck by the powerboat.
Based
on these facts, Ms. Guyaux asserted a single claim, negligent
entrustment, against Mr. Trout.
Mr.
Trout submitted the claim to Old United, the insurer of the
houseboat, and requested that it defend him in Ms.
Guyaux's suit. Old United declined to tender a defense,
noting that: (i) the named insured on the Old United policy
was an entity called VIP #2, Inc., not Mr. Trout, and that
Mr. Trout was not listed among the “approved
Owners/Operators” authorized by VIP #2 to operate the
houseboat under the policy; (ii) that the houseboat
“was not under operation and was secured to the
beach” at the time of the incident; (iii) that Mr.
Trout “personally rented the [powerboat] which was the
direct cause of the ...