Katsel et al v. Allstate Fire and Casualty Insurance Company

Filing 35

ORDER On Evidentiary Issue Presented by Defendant's Motion for Summary Judgment 27 . The admissibility of the estimate is limited to the factual question of the amount of the damage and cost of repair. The defendant's motion for summary judgment is moot. A pretrial conference will be scheduled, by Judge Richard P. Matsch on 7/23/15. (ktera)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 1:14-cv-01896-RPM
DMITRY KATSEL and
HELENA KATSEL,
Plaintiffs,
v.
ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY,
an Illinois company,
Defendant.

ORDER ON EVIDENTIARY ISSUE PRESENTED BY
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

The defendant filed a motion for summary judgment requesting that the plaintiffs be
precluded from using an estimate of Summit Restoration dated December 5, 2014, but first
produced to the defendant in this litigation on January 15, 2015, to support their claim for total
repair costs of their property from two storms. The motion is not considered under Rule 56
because it seeks an evidentiary ruling. It can be considered as a motion in limine. Because the
estimate was first received during the discovery process in this case it is irrelevant to the claim of
unreasonable delay or denial of benefits under both the common law and statutory law. Whether
the estimate may be received as evidence of the extent of damage and cost to repair is an issue to
be discussed at a pretrial conference.
Accordingly, it is

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ORDERED that the admissibility of the estimate is limited to the factual question of the
amount of the damage and cost of repair; it is
FURTHER ORDERED that the defendant’s motion for summary judgment [Doc. #27] is
moot. A pretrial conference will be scheduled.
Dated: July 23, 2015
BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge

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