Opinion
Civil Action No. 10-cv-00892-PAB-KLM
02-06-2013
DONALD L. ETHERTON Plaintiff, v. OWNERS INSURANCE COMPANY, a Michigan insurance company, Defendant.
FINAL JUDGMENT
This Final Judgment is entered pursuant to Fed. R. Civ. P. 58(a) and in accordance with the orders entered during the pendency of this case.
I. This action was tried before a jury of nine duly sworn to try the issues herein with U.S. District Judge Philip A. Brimmer presiding, trial commencing January 14, 2013, and the jury rendered a verdict.
VERDICT FORM
We, the jury, upon our oaths, render our verdict in response to the following interrogatories:
1. Do you find by a preponderance of the evidence that defendant breached a contract to provide underinsured motorist coverage to plaintiff?
Yes X No _____
If you answered "Yes" to Question No. 1, please answer Question No. 2. If you answered "No" to Question No. 1, DO NOT answer Question No. 2.
2. Do you find by a preponderance of the evidence that defendant delayed or denied payment of insurance benefits to plaintiff without a reasonable basis?
Yes X No _____
If your answer to Question No. 1 was "Yes," and your answer to Question No. 2 was either "Yes" or "No," please answer Question Nos. 3 through 5.
3. What is the total amount of plaintiff's damages, if any, for noneconomic losses or injuries, excluding any damages for physical impairment or disfigurement?
$ 375,000.00
4. What is the total amount of plaintiff's damages, if any, for economic losses, excluding any damages for physical impairment or disfigurement?
$ 857,000.00
5. What is the total amount of plaintiff's damages for physical impairment or disfigurement?
$ 150,000.00
II. Pursuant to Colorado Revised Statues § 10-3-1116(1), any first-party claimant whose claim for payment of benefits has been unreasonably delayed or denied may recover reasonable attorney fees, court costs, and two times the covered benefit. Plaintiff Donald L. Etherton's covered benefit is $750,000.00. Accordingly, it is
ORDERED that judgment shall enter in favor of plaintiff Donald L. Etherton and against defendant Owners Insurance Company in the amount of $1,500,000.00. It is
FURTHER ORDERED that postjudgment interest shall accrue at the rate of 0.15%. It is
FURTHER ORDERED that the plaintiff is AWARDED reasonable attorney fees upon motion pursuant to D.C.COLO.LCivR 54.3 to be filed by or before February 4, 2013. It is
FURTHER ORDERED that the plaintiff is AWARDED costs, to be taxed by the Clerk of the Court pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.
Dated at Denver, Colorado this 6th day of February , 2012.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: ________________________
Edward P. Butler, Deputy Clerk
APPROVED BY THE COURT: ________________________
PHILIP A. BRIMMER
United States District Judge