Starr Surplus Lines Insurance Company v. Semple Brown Design, P.C.

Filing 76

ORDER denying 50 Starr Surplus Lines Insurance Companys Motion for Summary Judgment. It is FURTHER ORDERED that in light of my finding, the hearing set for December 10, 2014 is VACATED. It is FURTHER ORDERED that a final Trial Preparation Conference set for 8/5/2015 at 10:00 AM in Courtroom A1002 before Judge Wiley Y. Daniel. It is FURTHER ORDERED that a 5-day trial to both the Court and a jury is set for Monday, August 24, 2015 at 9:00 a.m.. Additionally, the parties shall file a joint statement not later than Friday, July 10, 2015 indicating which issues will be tried to the Court and which issues will be tried to a jury (including how much time will be needed) along with a proposed schedule for the 5-day trial, by Judge Wiley Y. Daniel on 12/3/2014.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02538-WYD-CBS
STARR SURPLUS LINES INSURANCE COMPANY, a New York corporation,
Plaintiff/Counter-Defendant,
v.
SEMPLE BROWN DESIGN, P.C., a Colorado corporation,
Defendant/Counter-Plaintiff.

ORDER

THIS MATTER is before the court on Plaintiff/Counter-Defendant’s Motion for
Summary Judgment (ECF No. 50). A hearing on this motion is scheduled for December
10, 2014.
By way of background, this is an insurance coverage dispute where Starr Surplus
Lines Insurance Company (“Starr”) seeks a declaratory judgment that it has no duty to
provide coverage for the claim made against Semple Brown Design (“Semple Brown”)
by Gart Properties and Pavilion Holdings arising out of a renovation project at the
Denver Pavilions shopping center. On the other hand, Semple Brown asserts claims
against Starr for breach of contract, bad faith breach of insurance contract, violation of
Colo. Rev. Stat. § 10-3-1115 et seq, and declaratory judgment.
Pursuant to rule 56(c) of the Federal Rules of Civil Procedure, the court may
grant summary judgment where "the pleadings, depositions, answers to interrogatories,
and admissions on file, together with the affidavits, if any, show that there is no genuine
issue as to any material fact and the ... moving party is entitled to judgment as a matter

of law." Fed. R. Civ. P. 56(c); see Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250
(1986); Equal Employment Opportunity Comm. v. Horizon/CMS Healthcare Corp., 220
F.3d 1184, 1190 (10th Cir. 2000). “When applying this standard, the court must ‘view
the evidence and draw all reasonable inferences therefrom in the light most favorable to
the party opposing summary judgment.’” Atlantic Richfield Co. v. Farm Credit Bank of
Wichita, 226 F.3d 1138, 1148 (10th Cir. 2000) (quotation omitted). “‘Only disputes over
facts that might affect the outcome of the suit under the governing law will properly
preclude the entry of summary judgment.’” Id. (quotation omitted). Summary judgment
may be granted only where there is no doubt from the evidence, with all inferences
drawn in favor of the nonmoving party, that no genuine issue of material fact remains for
trial and that the moving party is entitled to judgment as a matter of law. Bee v.
Greaves, 744 F.2d 1387 (10th Cir. 1984).
After thoroughly reviewing Starr’s pending motion and the parties’ related
submissions, I find numerous, genuine issues of fact exist in this case. Thus, Starr’s
request for summary judgment is denied, and the hearing set for December 10, 2014 is
vacated. Accordingly, it is
ORDERED that Starr Surplus Lines Insurance Company’s Motion for Summary
Judgment (ECF No. 50) is DENIED. It is
FURTHER ORDERED that in light of my finding, the hearing set for December
10, 2014 is VACATED. It is
FURTHER ORDERED that a 5-day trial to both the Court and a jury is set for
Monday, August 24, 2015 at 9:00 a.m. A final trial preparation conference is set for

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Wednesday, August 5, 2015 at 10:00 a.m. The parties are reminded to review and
comply with all directives set forth in my Practice Standards with respect to both bench
trial and jury trial preparation. Additionally, the parties shall file a joint statement not
later than Friday, July 10, 2015 indicating which issues will be tried to the Court and
which issues will be tried to a jury (including how much time will be needed) along with a
proposed schedule for the 5-day trial.
Dated: December 3, 2014

BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior United States District Judge

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