Free Clerk's Judgment - District Court of Colorado - Colorado

Case 1:00-cv-02098-REB-MJW

Document 287

Filed 03/31/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Case No. 00-cv-2098-REB-MJW KELLY FINCHER, by her natural father and next friend, JAMES FINCHER, Plaintiffs, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant.

JUDGMENT

Pursuant to and in accordance with the following orders entered by Judge Robert E. Blackburn 1) Findings of Fact, Conclusions of Law, & Orders [#158], filed February 28, 2006; 2) Order Concerning Motion for Summary Judgment [#277], filed October 9, 2007; and 3) Order Denying Plaintiff's Motion for Attorney Fees & Directing the Entry of Judgment [#286], filed March 31, 2008, each of which are incorporated herein by reference as if fully set forth, IT IS ORDERED as follows: 1. That JUDGMENT SHALL ENTER for the plaintiff, Kelly Fincher, by her natural father and next friend, James Fincher, against the defendant, Prudential Property and Casualty Insurance Company, on the plaintiff's first cause of action for reformation of contract; 2. That the Prudential insurance policy under which the plaintiff is entitled to benefits is REFORMED to provide APIP benefits as of the date of the plaintiff's

Case 1:00-cv-02098-REB-MJW

Document 287

Filed 03/31/2008

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Civil Case No. 00-cv-2098-REB-MJW Judgment accident on May 8, 1994; 3. That the Prudential insurance policy under which the plaintiff is entitled to APIP benefits is REFORMED to include the permissible cap on APIP benefits of 200,000 dollars; 4. That JUDGMENT SHALL ENTER for the plaintiff, Kelly Fincher, by her natural father and next friend, James Fincher, against the defendant, Prudential Property and Casualty Insurance Company, on the plaintiff's second cause of action for beach of contract; 5. That the plaintiff is AWARDED 92,500 dollars as the balance of benefits due to the plaintiff under the reformed insurance policy at issue in this action; 6. That JUDGMENT SHALL ENTER for the defendant, Prudential Property and Casualty Insurance Company, against the plaintiff, Kelly Fincher, by her natural father and next friend, James Fincher, on the plaintiff's third and fourth causes of action; and 7. That the plaintiff is AWARDED her costs, to be taxed by the Clerk of the Court pursuant to Fed.R.Civ.P. 54(d)(1) and D.C.COLO.LCivR 54.1.

Dated March 31, 2008.

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Case 1:00-cv-02098-REB-MJW

Document 287

Filed 03/31/2008

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Civil Case No. 00-cv-2098-REB-MJW Judgment FOR THE COURT: Gregory C. Langham

By:

s/ Edward P. Butler Edward P. Butler Deputy Clerk

APPROVED: s/ Robert E. Blackburn Robert E. Blackburn United States District Judge

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