Victoria Fire & Casualty Company v. Bautista et al

Filing 44

ORDER it is now ORDERED that final judgment shall enter dismissing the counterclaim of Jose Dominguez as Parent and Next Friend of Daughter Monique Dominguez, by Judge Richard P. Matsch on 2/18/2015. (evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 14-cv-02348-RPM
VICTORIA FIRE & CASUALTY COMPANY,
Plaintiff,
v.
BLANCA L. BAUTISTA, an individual;
CARLOS ESCOBAR BAUTISTA, an individual;
JOSE DOMINGUEZ, as Parent and Next Friend of Daughter,
MONIQUE DOMINGUEZ; an individual;
DAMIEN CHURCHWELL, an individual;
KEVIN CHURCHWELL, an individual;
EMMYTH NUNEZ, an individual;
MENDOTA INSURANCE COMPANY,
Defendants.
_____________________________________________________________________
ORDER FOR ENTRY OF JUDGMENT DISMISSING COUNTERCLAIM OF JOSE
DOMINGUEZ AS PARENT AND NEXT FRIEND OF MONIQUE DOMINGUEZ
_____________________________________________________________________
Pursuant to the hearing held today and on the undisputed facts as stated by the
Court and upon the conclusion that as a matter of law the subject insurance policy did
not include coverage for the Mazda RX-8 vehicle driven by Carlos Escobar Bautista at
the time of the collision causing injuries to Monique Dominguez and because the record
does not include any statement that there was coverage for that vehicle upon which
Blanca Bautista could have relied, there is no basis for the claim of promissory estoppel.
Accordingly, it is now
ORDERED that final judgment shall enter dismissing the counterclaim of Jose
Dominguez as Parent and Next Friend of Daughter Monique Dominguez.
DATED: February 18th, 2015

BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge

2