Etherton v. Auto-Owners Insurance Company

Filing 109

FINAL JUDGMENT by Clerk, and approved by Judge Philip A. Brimmer re: 106 Jury Trial - Completed. By Clerk on 2/6/13. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 10-cv-00892-PAB-KLM
DONALD L. ETHERTON
Plaintiff,
v.
OWNERS INSURANCE COMPANY, a Michigan insurance company,
Defendant.

FINAL JUDGMENT

This Final Judgment is entered pursuant to Fed. R. Civ. P. 58(a) and in
accordance with the orders entered during the pendency of this case.
I.

This action was tried before a jury of nine duly sworn to try the issues

herein with U.S. District Judge Philip A. Brimmer presiding, trial commencing January
14, 2013, and the jury rendered a verdict.

VERDICT FORM

We, the jury, upon our oaths, render our verdict in response to the following
interrogatories:
1.

Do you find by a preponderance of the evidence that defendant breached

a contract to provide underinsured motorist coverage to plaintiff?
Yes

X

No _______

If you answered “Yes” to Question No. 1, please answer Question No. 2. If
you answered “No” to Question No. 1, DO NOT answer Question No. 2.

2.

Do you find by a preponderance of the evidence that defendant delayed or

denied payment of insurance benefits to plaintiff without a reasonable basis?
Yes

X

No

If your answer to Question No. 1 was “Yes,” and your answer to Question
No. 2 was either “Yes” or “No,” please answer Question Nos. 3 through 5.

3.

What is the total amount of plaintiff's damages, if any, for noneconomic

losses or injuries, excluding any damages for physical impairment or disfigurement?
$
4.

375,000.00

What is the total amount of plaintiff's damages, if any, for economic

losses, excluding any damages for physical impairment or disfigurement?
$
5.

857,000.00

What is the total amount of plaintiff's damages for physical impairment or

disfigurement?
$

II.

150,000.00

Pursuant to Colorado Revised Statues § 10-3-1116(1), any first-party

claimant whose claim for payment of benefits has been unreasonably delayed or denied
may recover reasonable attorney fees, court costs, and two times the covered benefit.
Plaintiff Donald L. Etherton’s covered benefit is $750,000.00. Accordingly, it is
ORDERED that judgment shall enter in favor of plaintiff Donald L. Etherton and

against defendant Owners Insurance Company in the amount of $1,500,000.00. It is
FURTHER ORDERED that postjudgment interest shall accrue at the rate of
0.15%. It is
FURTHER ORDERED that the plaintiff is AWARDED reasonable attorney fees
upon motion pursuant to D.C.COLO.LCivR 54.3 to be filed by or before February 4,
2013. It is
FURTHER ORDERED that the plaintiff is AWARDED costs, to be taxed by the
Clerk of the Court pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.

Dated at Denver, Colorado this 6th day of February , 2012.

FOR THE COURT:
JEFFREY P. COLWELL, CLERK

By: s/Edward P. Butler
Edward P. Butler, Deputy Clerk

APPROVED BY THE COURT:
s/ Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge