Vogel et al v. Standard Insurance Company

Filing 39

ORDER denying 28 Motion for Summary Judgment by Judge Christine M. Arguello on 11/24/14.(dkals, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 13-cv-02472-CMA-MJW ERIN VOGEL, Plaintiff, v. STANDARD INSURANCE COMPANY, an Oregon corporation, Defendant. ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This matter is before the Court on Standard Insurance Company’s Motion for Summary Judgment (Doc. # 28.) Upon review of the parties’ briefing and the evidence referenced therein, the Court determines that genuine issues of material fact preclude the Court from granting the summary judgment motion on each of Plaintiff’s claims. Specifically, the Court concludes that the following are questions for the jury: (1) whether any alcohol consumed by Todd Vogel “caused or contributed to” his accidental death, and (2) whether the Defendant handled Vogel’s insurance claim unreasonably. Accordingly the Court ORDERS that Defendant’s Motion for Summary Judgment (Doc. # 28) is DENIED. DATED: November 24, 2014 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge

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