Opinion
Civil Action No. 13-cv-00448-RPM
04-10-2013
DEAN CRAFT, Plaintiff, v. PHILADELPHIA INDEMNITY INSURANCE COMPANY, Defendant.
Senior District Judge Richard P. Matsch
ORDER OF DISMISSAL
The defendant Philadelphia Indemnity Insurance Company seeks dismissal of this civil action on the sole basis that Dean Craft failed to provide notice of the underlying claim made against him in a lawsuit filed against him by an amended complaint on October 15, 2010, until March 21, 2012, after litigation and settlement of the claim. The plaintiff has responded, asserting that the policy coverage was not known to him before March, 2012, and that he should be entitled to show that the insurance company did not suffer any prejudice from the delay in notice. He relies on Friedland v. Travelers Indem. Co.,105 P.3d 639, 642 (Colo. 2005), to avoid dismissal. The Friedland case is not applicable to the policies in this case which are "claims made" policies whereas the Friedland court dealt with an "occurrence" policy. It is
ORDERED that the motion to dismiss is granted and this civil action is dismissed with prejudice.
BY THE COURT:
_____________
Richard P. Matsch, Senior Judge