Opinion
Civil Action No. 05-cv-00092-WDM-BNB.
October 6, 2005
ORDER
This matter is before me on the plaintiff's motion for default judgment. After two hearings at which the defendant was allowed to appear by telephone I was advised that plaintiff sought judgment on the basis of laches and not the statute of limitations, seeking a declaration that defendant is not entitled to primary uninsured motorist coverage, that she breached the cooperation clause of the plaintiff's policy and her claims are barred by the doctrine of laches. For the reasons stated on the record, the plaintiff has failed to submit adequate evidence showing prejudice, an essential element of laches. Robbins v. People, 107 P.3d 384, 388 (Colo. 2005). Accordingly, the motion is denied without prejudice.