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Date: 01-05-2023
Case Style:
Girard Offices, LLC v. American Zurich Insurance Company
Case Number: 1:19-cv-03590
Judge: Philip A. Brimmer
Court: United States District Court for the District of Colorado (Denver County)
Plaintiff's Attorney: Stuart Anderson and Tom Wagner
Defendant's Attorney: David Edward Kay, Jane E. Young, Jean-Parul Assouad, Monica Lynn Lester
Description: Denver, Colorado insurance law lawyer represented Plaintiff, which sued Defendant on a breach of insurance contract theory claiming more than $75,000 in damages.
Plaintiff owns real property located at 10020 E. Girard Ave, Denver, Colorado 80231 (the “Girard building”). Docket No. 49 at 2, ¶ 1. The Girard building was originally a three story office building of about 20, 000 square feet. Id. at 3, ¶ 2. Plaintiff decided to develop the Girard building from an office building into an eighteen unit apartment building. Id., ¶ 3. Plaintiff was the developer for the conversion. Id. Plaintiff applied to defendant American Zurich Insurance Company (“Zurich”) for insurance coverage in relation to the conversion of the Girard building. Id., ¶ 4. In conjunction
with its application for insurance, plaintiff informed Zurich that the Girard building was being converted into apartments. Id., ¶ 5. Defendant issued Policy No. ER10525840 (the “policy”) to plaintiff effective June 19, 2017 to June 19, 2018. Docket No. 48 at 4, ¶ 1. The policy is a builders risk policy. Docket No. 49 at 3, ¶ 5. Zurich provided the entire policy to plaintiff as a single document at or near the start of the policy's term. Id., ¶ 7. On or about January 11, 2018, the Girard building collapsed. Id. at 4, ¶ 9. Defendant agreed that the Girard building was a total loss and that plaintiff should demolish the building. Id., ¶ 10. The parties have stipulated that the policy provided coverage for the premises located at 10020 E. Girard Avenue, Denver, Colorado. Id., ¶ 11. The parties have also stipulated that the Girard building collapse was a covered event under the policy. Id., ¶ 12.
On or about January 17, 2018, plaintiff made a claim under the policy arising from the collapse. Docket No. 48 at 8, ¶ 9. Zurich initiated an investigation. Id., ¶ 10. On March 15, 2018, defendant advanced payment of $250, 000 to plaintiff. Id. at ¶ 11. On September 27, 2018, defendant provided its initial evaluation of the claim and made a further payment of $316, 902.83 for a total claim value of $566, 902.83. Id., ¶ 12. On April 12, 2019, plaintiff submitted a Proof of Loss for the Girard building, id. at 9, ¶ 13, which Zurich declined on April 23, 2019. Id., ¶ 14. On September 4, 2019, defendant again outlined its position regarding the Remodeler Coverage Endorsement. Id., ¶ 15. On December 18, 2019, plaintiff initiated this action. Id., ¶ 16. Plaintiff's complaint brings four claims: (1) declaratory relief regarding plaintiff's rights under the policy, including a declaration of the applicable coverages, valuation conditions, and limits of the policy; (2) breach of contract by Zurich for, inter alia, failing to pay benefits owed, failing to properly investigate and adjust the claim, increasing the damages and risks caused by the loss, and other wrongful acts; (3) violation of Colo. Rev. Stat. §§ 10-3-1115 and 1116 by Zurich's unreasonable delay and denial of benefits owed; and (4) bad faith breach of contract. Docket No. 1 at 6-9, ¶¶ 49-69. In March 2020, defendant supplemented its claim valuation and made a further payment to plaintiff of $190, 619.89, for a total payment to plaintiff of $757, 552.72. Docket No. 48 at 9, ¶ 17.
On August 5 and 6, 2021, the parties filed cross-motions for partial summary judgment. See Docket Nos. 48-49. Both motions ask the Court to determine, as a matter of law, which valuation provision in the policy applies to the collapse of the Girard building. Defendant argues that the valuation provision in the Remodeler Coverage endorsement applies, Docket No. 48 at 2, while plaintiff argues that the valuation provision in the Changes in Valuation Condition endorsement applies.
Outcome: 01/05/2023 134 STIPULATION of Dismissal of Case With Prejudice by Defendant American Zurich Insurance Company. (Lester, Monica) (Entered: 01/05/2023)
01/05/2023 135 Civil Case Terminated pursuant to the 134 Joint Stipulation for Dismissal with Prejudice filed in this case. Text Only Entry. (jtorr, ) (Entered: 01/05/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: