Irene et al v. Allstate Property and Casualty Insurance Company et al

Filing 125

ORDER On 120 Defendant Allstate Insurance Company's Motion for Determination of Law, by Judge Richard P. Matsch on 9/21/2011.(rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 08-cv-01265-RPM
LUIS IRENE and GRETCHEN IRENE
Plaintiffs,
v.
ALLSTATE PROPERTY AND CASUALTY
INSURANCE COMPANY and ALLSTATE
INSURANCE COMPANY
Defendants.
______________________________________________________________________________
ORDER ON DEFENDANT ALLSTATE INSURANCE COMPANY’S
MOTION FOR DETERMINATION OF LAW
______________________________________________________________________________
Defendant, Allstate Insurance Company, moved for a determination of law that the
plaintiffs’ claim under C.R.S. § 10-3-1114 et seq. is not viable because the loss to be adjusted is
the April 27, 2007 fire loss, and the effective date of the statute was August 6, 2008. It is agreed
that the statute does not apply retroactively.
The plaintiffs’ claim that the insurance company’s conduct after that date in determining
the amount of damage due to fire and that resulting from contamination, excluded from
coverage, was unreasonable. The statutory remedy is available if that determination is made by
the jury.

SO ORDERED.

Dated: September 21, 2011
BY THE COURT:
s/Richard P. Matsch
___________________________________
Richard P. Matsch, Senior District Judge