City Center West, LP v. American Modern Home Insurance Company

Filing 14

ORDER for Dismissal re 11 : defendant's motion to dismiss is granted, by Judge Richard P. Matsch on 8/3/2012. (rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 12-cv-01370-RPM
CITY CENTER WEST LP,
Plaintiff,
v.
AMERICAN MODERN HOME INSURANCE COMPANY,
DEFENDANT.
_____________________________________________________________________
ORDER FOR DISMISSAL
_____________________________________________________________________
Upon consideration of the defendant’s motion to dismiss pursuant to
Fed.R.Civ.P. 12(b)(6), filed July 5, 2012, the plaintiff’s response filed July 19, 2012, and
the defendant’s reply, filed August 2, 2012, the Court concludes that the plaintiff’s claim
is barred by Parrish Chiropractic Centers, P.C. v. Progressive Cas. Ins. Co., 874 P.2d
(Colo. 19 1049 94) and it is therefore
ORDERED that the defendant’s motion to dismiss is granted.
DATED: August 3rd, 2012
BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge