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Wells, Anderson & Race LLC Attorneys Achieve Summary Judgment for Property Insurer

On June 17, 2021, attorneys Adam O’Brien and Paul Dinkelmeyer achieved summary judgment in three consolidated cases for Auto-Owners Insurance Company. In U.S. District Court for the District of Colorado, Judge William J. Martinez granted Auto-Owners’ Motion for Summary Judgment dismissing all claims in all three consolidated cases: Ma, et al. v. Auto-Owners Insurance Company, Civil Action Nos. 19-cv-02203, 19-cv-02208, and 19-cv-02205.

The cases involved property damage insurance claims related to three commercial properties following a May 8, 2017 hail storm. The owners of the properties and their contractor brought suit against Auto-Owners seeking additional coverage for alleged property damage and claimed that Auto-Owners committed insurance bad faith. Plaintiffs sought more than $3,000,000 in damages.

Judge Martinez granted summary judgment and dismissed all of Plaintiffs’ claims based on his finding that Plaintiffs failed to cooperate and comply with their obligations under the insurance policy, which prejudiced Auto-Owners. Judge Martinez also found that Plaintiffs had failed to timely bring claims for one of the properties. Please contact Adam O’Brien at aobrien@warllc.com for more information.

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