Romero v. Allstate Fire & Casualty Insurance Company
Filing
112
SECOND AMENDED FINAL JUDGMENT by Clerk in favor of Allstate Fire & Casualty Insurance Company and against Bertha N. Romero re: 111 Order on Motion to Amend/Correct/Modify, and Order on Motion to Alter Judgment by Magistrate Judge Nina Y. Wang, on 02/08/16. (nmarb, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01522-NYW
BERTHA N. ROMERO,
Plaintiff,
v.
ALLSTATE FIRE & CASUALTY INSURANCE COMPANY
Defendant.
SECOND AMENDED FINAL JUDGMENT
Pursuant to Fed. R. Civ. P. 58(a) the following Second Amended Final Judgment is
hereby entered.
Commencing on September 21, 2015, this action was tried before a jury of seven duly
sworn to try the issues herein with United States Magistrate Judge Nina Y. Wang presiding, and
the jury rendered its special verdict:
1.
Plaintiff Bertha Romero proved, by a preponderance of evidence, that she
suffered the following damages caused by the November 28, 2011 motor vehicle accident:
$23,600 in non-economic losses and injuries; $47,836.77 in economic losses (past and future);
and $0 in physical impairment;
2.
Plaintiff Bertha Romero failed to prove, by a preponderance of the evidence, that
Defendant Allstate Fire & Casualty Insurance Company unreasonably delayed in the payment of
underinsured motorist benefits; and
3.
Plaintiff Bertha Romero failed to prove, by a preponderance of the evidence, that
Defendant Allstate Fire & Casualty Insurance Company acted in bad faith in the handling of Ms.
Romero’s claim.
4.
As described in the court’s Post-Trial Order entered on September 25, 2015, the
Parties reached two stipulations during the pendency of trial, namely that: 1) Plaintiff and
Defendant stipulated to the dismissal of the claim for breach of contract; and 2) that Defendant
Allstate would pay Plaintiff the amount of underinsured motorist benefits determined by jury,
subject to the appropriate offsets made by the court.
Accordingly, IT IS ORDERED that judgment is entered in favor of Defendant Allstate
Fire & Casualty Insurance Company and against Plaintiff Bertha N. Romero on Plaintiff’s claims
as pled in the operative Complaint [#5] for (1) the First Party Statutory Claim Under C.R.S. § 103-1116; and (2) common law bad faith.
IT IS FURTHER ORDERED pursuant to the court’s Post-Trial Order entered on
September 25, 2015, Defendant Allstate Fire & Casualty Insurance Company will pay Plaintiff
Bertha Romero the amount of $21,436.77 within fourteen (14) days of this Second Amended
Final Judgment, if such payment has not been made to date.
IT IS FURTHER ORDERED that each Party will bear its own costs and fees associated
with this action, consistent with the court’s prior judgments [#99, #101], Post-Trial Order [#100],
and the court’s order disposing of Plaintiff’s Amended Motion to Modify Judgment and
Defendant’s Motion to Alter/Amend the Judgment [#111].
Dated at Denver, Colorado this 8th day of February, 2016.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
s/ Brandy Simmons
Brandy Simmons
Deputy Clerk
______________________________
___________________________
_
_ _
Nina Y. Wang
a
United States Magistrate Judge
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