Langford v. West Coast Life Insurance Company

Filing 8

ORDER Granting 5 Motion to Compel and this civil action isstayed pending arbitration, by Judge Richard P. Matsch on 8/10/2011.(rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 11-cv-01290-RPM
BEVERLY A. LANGFORD,
Plaintiff,
v.
WEST COAST LIFE INSURANCE COMPANY, a Nebraska corporation,
Defendant.

ORDER COMPELLING ARBITRATION AND FOR STAY

Upon review of the defendant’s motion to compel arbitration and stay the proceedings,
filed July 1, 2011, the plaintiff’s response, the defendant’s reply and the allegations of the
complaint, the Court finds and concludes that the plaintiff’s claim for death benefits is based on
the contention that there was insurance coverage effective May 20, 2010, prior to the insured’s
death on June 1, 2010, under the terms of the Conditional Receipt Agreement. That Agreement
is based upon the application for insurance coverage. That application contains an arbitration
provision, requiring arbitration of any disagreement relating to coverage, including sales and
solicitation. The plaintiff opposes the motion to compel arbitration on the ground that these are
separate documents and the Conditional Receipt Agreement does not itself contain an
arbitration clause. That attempt at considering these documents in the disjunctive fails. The
two documents are integrated and interdependent. Accordingly, the arbitration provision is
applicable to the plaintiff’s claims and it is therefore

ORDERED that the defendant’s motion to compel is granted and this civil action is
stayed pending arbitration.
Dated:

August 10th, 2011
BY THE COURT:
s/Richard P. Matsch
________________________________
Richard P. Matsch, Senior District Judge

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