Lux v. Great Northern Insurance Co.

Filing 29

ORDER to Provide Copy of Insurance Policy. By Judge Robert E. Blackburn on 10/25/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-02632-REB-KMT
R. CHRIS LUX,
Plaintiff,
v.
GREAT NORTHERN INSURANCE CO.,
Defendant.

ORDER TO PROVIDE COPY OF INSURANCE POLICY
Blackburn, J.
This matter is before the court sua sponte. This case concerns an insurance
coverage dispute. According to the defendant, Great Northern Insurance Co., the
insurance policy at issue contains a provision that limits the time within which an
insured, such as the plaintiff, may file suit against Great Northern. Great Northern relies
on this provision in its first motion for summary judgment [#15]1.
According to the plaintiff, R. Chris Lux, the provision on which Great Northern
relies was not in the policy issued to him. In his affidavit in support of his response
[#16] to Great Northern’s first motion for summary judgment [#15], Mr. Lux states under
oath that “I have reviewed the policy that was provided me by Defendant’s agent. It
does not, to the best of my knowledge, include a page Y-5, the “New York Policy
Terms.” Affidavit of R. Chris Lux [#16-1], ¶ 7.
1

“[#53]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

In an effort to streamline the inevitable determination of the policy terms
applicable to this case, I direct Mr. Lux to file a copy of the relevant Great Northern
insurance policy that he reviewed as described in his affidavit. With a copy of the policy
reviewed by Mr. Lux, the court can determine if there is a genuine issue of material fact
concerning the policy terms applicable in this case.
THEREFORE, IT IS ORDERED that by November 6, 2013, the plaintiff, R. Chris
Lux, SHALL FILE a copy of the Great Northern Insurance Company policy that he
reviewed as described in the Affidavit of R. Chris Lux [#16-1], ¶ 7.
Dated October 25, 2013, at Denver, Colorado.
BY THE COURT:

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