KF 103-CV, LLC v. American Family Mutual Insurance Company

Filing 18

Amended Courtroom Minutes for Scheduling Conference held on 1/8/2014 before Judge Richard P. Matsch. ORDERED: Plaintiff's Motion to Strike Defendant American Familys Designation of Non-Party at Fault 15 , is granted. Double recovery will not occur. Motions due by March 17, 2014. No Scheduling Order entered. No protective order necessary at this time. FTR: K. Terasaki. (rpmcd) (Main Document 18 replaced on 1/8/2014) (rpmcd, ). Modified as Minutes amended to reflect motion as granted on 1/8/2014 and NEF regenerated to notify counsel (rpmcd).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Date:
January 8, 2014
Courtroom Deputy:
J. Chris Smith
FTR Technician:
Kathy Terasaki
____________________________________________________________________________________
Civil Action No. 13-cv-02875-RPM
KF 103-CV, LLC.,

Scott D. Albertson

Plaintiff,
v.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY.

Gregg S. Rich

Defendant.
____________________________________________________________________________________
Amended COURTROOM MINUTES
____________________________________________________________________________________
Scheduling Conference
10:46 a.m.

Court in session.

Discussion regarding pending underlying state and related federal court actions.
Counsel state they anticipate the filing of a notice of appeal in the state court action and its judgment is
for a specific dollar amount and equitable relief (modify work previously done).
Mr. Rich answers questions regarding defendant’s affirmative defense of failure to give timely notice and
defendant’s reasons for denial of coverage.
Mr. Rich states coverage was denied because there was no triggering event (no damage resulting from an
occurrence).
Discussion regarding case facts (easement/access-no notice/approval)(settlement between “Neighbors”
and Infinity)(plaintiff-182 acres single family residence development).
Discussion regarding issues of duty to defend and indemnity.
Counsel agree to proceed on the issue of duty to defend by the filing of motions based on the record of
the pleadings and policy.
ORDERED:

Plaintiff’s Motion to Strike Defendant American Family’s Designation of Non-Party
at Fault [15], is granted. Double recovery will not occur.
Motions due by March 17, 2014.
No Scheduling Order entered.
No protective order necessary at this time.

11:16 a.m.

Court in recess. Hearing concluded. Total time: 30 min.