Mid-Century Insurance Company v. Insulvail, LLC et al

Filing 64

ORDER Denying 40 Motion for Partial Summary Judgment, the issue will be decided at trial, by Judge Richard P. Matsch on 3/22/2013.(rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 12-cv-00421-RPM
MID-CENTURY INSURANCE COMPANY,
a/s/o, The Charter at Beaver Creek Condominium Assoc.,
Plaintiff,
v.
INSULVAIL, LLC, and
FIRE SPRINKLER SERVICES, INC.,
Defendants.
____________________________________________________________________________
ORDER DENYING INSULVAIL’S MOTION FOR PARTIAL SUMMARY JUDGMENT
____________________________________________________________________________

Upon consideration of the Defendant Insulvail, LLC’s motion for partial summary
judgment, filed September 25, 2012, seeking a determination that a limitation of liability
provision in the terms and conditions of its work proposal, taken as a contract, is
enforceable in this action and upon review of the papers filed in support and opposition
of that motion, it is
ORDERED that the motion is denied, the issue will be decided at trial.
Dated: March 22nd, 2013
BY THE COURT:
s/Richard P. Matsch
________________________________
Richard P. Matsch, Senior District Judge