Kersey v. Auto-Owners Insuranace Company
ORDER Denying 32 Defendant's Motion for Summary Judgment, by Judge Christine M. Arguello on 1/11/2022.(evana, )
Case 1:20-cv-01584-CMA-KLM Document 60 Filed 01/11/22 USDC Colorado Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 20-cv-01584-CMA-KLM
AUTO-OWNERS INSURANCE COMPANY,
This matter is before the Court on Defendant Auto-Owners Insurance Company’s
Motion for Summary Judgment (Doc. # 32). The Motion is denied for the following
This is an insurance bad-faith case. On April 14, 2018, Plaintiff Jennifer Kersey
was the victim of a hit-and-run car accident (“Accident”). (Doc. # 4, ¶ 5). The at-fault
driver allegedly ran a red light and collided with Kersey’s vehicle before fleeing the
scene. (Doc. # 4, ¶¶10-12; Doc. # 32, p. 1). Although the at-fault driver was eventually
identified, he was uninsured, and he was apparently unable to compensate Kersey for
injuries she sustained in the accident. (Doc. # 32, p. 1). At the time of the accident,
Kersey was insured by Defendant Owners Insurance Company (“Owners”). (Doc. # 4, ¶
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Shortly after the Accident, Kersey retained counsel and made a claim for
Uninsured Motorist (“UM”) coverage under her Owners insurance policy (“Policy”). (Doc.
# 32-1, p. 122). Kersey now alleges that Owners unreasonably delayed payment of her
claim for UM benefits. She is suing Owners, alleging breach of contract, common-law
insurance bad faith, and violations Colo. Rev. Stat. § 10-3-1116. (Doc. # 4).
Owners seeks summary judgment on Kersey’s claims, arguing that Kersey
breached her Policy by failing to cooperate with Owners’ investigation of her UM claim,
thereby invalidating coverage and voiding Owners’ obligation to pay her claim. (Doc. #
The Court finds that there are genuine factual disputes that preclude summary
judgment in this case.
Summary judgment is warranted when “the movant shows that there is no
genuine dispute as to any material fact and the movant is entitled to judgment as a
matter of law.” Fed. R. Civ. P. 56(a). In this case, however, there are genuine disputes
of material fact that preclude summary judgment, including, but not limited to:
Whether, and to what extent, Kersey incurred damages as a result of the
Whether, and to what extent, those damages fell within the scope of coverage of
Whether Kersey cooperated with Owners in the investigation of her claim as
required by the Policy;
Whether Kersey’s conduct invalidated UM coverage under the Policy;
Case 1:20-cv-01584-CMA-KLM Document 60 Filed 01/11/22 USDC Colorado Page 3 of 3
What benefits, if any, Kersey is owed under the Policy;
Whether Owners unreasonably delayed payment of benefits due under the
In view of these factual questions, the Court finds that summary judgment is not
For the foregoing reasons, Defendant’s Motion for Summary Judgment (Doc. #
32) is DENIED.
DATED: January 11, 2022
BY THE COURT:
CHRISTINE M. ARGUELLO
United States District Judge
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