Templeton v. Fehn et al

Filing 124

ORDER Granting Defendant Catlin Specialty Insurance Company's Counterclaim re 26 , and Catlin's requests for costs and reasonable attorney fees is denied, by Judge Richard P. Matsch on 8/1/2014. (jsmit)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Richard P. Matsch
Civil Action No. 12-cv-00859-RPM
FOREST DARYL TEMPLETON,
Plaintiff,
v.
H. THOMAS FEHN,
ORLY DAVIDI,
GREGORY J. SHERWIN,
FIELDS, FEHN & SHERWIN, and
CATLIN SPECIALTY INSURANCE COMPANY,
Defendants.

ORDER GRANTING DEFENDANT CATLIN SPECIALTY INSURANCE
COMPANY’S COUNTERCLAIM

Pursuant to the Court’s June 24, 2014 Memorandum Opinion and Order on Plaintiff’s
Fifth and Sixth Claims for Relief [Doc. 108], it is
ORDERED that Defendant Catlin Specialty Insurance Company’s counterclaim against
Plaintiff Daryl Templeton [Doc. 26 at 8-12] is granted. Catlin owes no duty under policy
No. SMBD-5017-0910 to defend or indemnify Plaintiff against any claim, judgment, or
arbitration award arising from his rendering or failure to render services, or from his acts,
omissions or other conduct, that occurred prior to his employment with CapWest Securities,
Inc., or prior to the Retroactive Date in the policy, or from his rendering or failure to render
professional services, or from his acts, omissions or other conduct, that occurred during his
employment with United Securities Alliance, Inc. and/or that did not involve securities

approved and authorized by and actually distributed through the Broker/Dealer, as required
by the policy’s insuring agreements and definition of Professional Services.
Catlin requests “costs and reasonable attorney fees as may be allowed by law.” [Id. at
12.] Catlin does not cite any law supporting its request for attorneys’ fees. That request is
therefore denied.
Dated: August 1, 2014.
BY THE COURT:
s/Richard P. Matsch
______________________
Richard P. Matsch
Senior District Judge