Free Notice (Other) - District Court of Colorado - Colorado

Case 1:03-cv-01969-CAB-MEH

Document 64

Filed 02/02/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-1969-CAB-OES KUNAL PADHIAR, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Defendant. ______________________________________________________________________________ NOTICE OF SUPPLEMENTAL AUTHORITY ______________________________________________________________________________ Defendant State Farm Mutual Automobile Insurance Company ("State Farm"), by and through undersigned counsel, Sheryl L. Anderson of Wells, Anderson & Race LLC, and pursuant to D.C.COLO.LCivR 7.1(E), hereby gives notice to the Court of a recent decision from the United States District Court for the District of Colorado which may impact this Court's resolution of particular issues raised in Defendant's Motion for Summary Judgment [Docket No. 40, filed September 1, 2004] and Defendant's Response to Plaintiff's Motion for Partial Summary Judgment [Docket No. 48, filed September 28, 2004]. 1. On January 31, 2006, a division of the United States District Court for the District

of Colorado issued a decision granting summary judgment in favor of an insurer on a substantially identical reformation claim as the one asserted by the plaintiff in this case. See Lust v. State Farm Mut. Auto. Ins. Co., No. 04-cv-2583-PSF-CBS (D. Colo. January 31, 2006)(Figa, J). In that case, the Court concluded, as matter of law, that the same types of written materials sent to the plaintiff in this case, and supported by a substantially identical affidavit from Richard Weitzel, satisfied the

Case 1:03-cv-01969-CAB-MEH

Document 64

Filed 02/02/2006

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insurer's statutory duties under C.R.S. § 10-4-710. Further, in reaching its conclusion, the Court rejected the so-called Parfrey analysis, noting that Parfrey involved an offer of uninsured/underinsured (UM/UIM) motorist benefits, which arises under a different statute, with different purposes, and presents different obligations on the part of insurers. A copy of that decision is attached as Exhibit A. Dated this 1st day of February, 2006. Respectfully submitted, By: s/Sheryl L. Anderson Sheryl L. Anderson - [email protected] Suanne M. Dell- [email protected] WELLS, ANDERSON & RACE LLC 1700 Broadway, Suite 1020 Denver, CO 80290 Telephone: 303/830-1212 Attorneys for Defendant

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Case 1:03-cv-01969-CAB-MEH

Document 64

Filed 02/02/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 2nd day of February, 2006, I electronically filed the foregoing NOTICE OF SUPPLEMENTAL AUTHORITY with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Gregory A. Gold, Esq. Kiel, Trueax & Gold, P.C. 7375 East Orchard Road, Suite 300 Greenwood Village, CO 80111 [email protected] Robert B. Carey, Esq. L. Dan Rector, Esq. Leif Garrison, Esq. Julie Cliff, Esq. The Carey Law Firm 2301 East Pikes Peak Avenue Colorado Springs, CO 80909 [email protected] s/Sheryl L. Anderson Sheryl L. Anderson, Esq. Attorney for Defendant Wells, Anderson & Race LLC 1700 Broadway, Suite 1020 Denver, CO 80290; 303/830-1212 [email protected]

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