Opinion
Civil Action No. 08-cv-01265-RPM
09-21-2011
LUIS IRENE and GRETCHEN IRENE Plaintiffs, v. ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY and ALLSTATE INSURANCE COMPANY Defendants.
Senior District Judge Richard P. Matsch
ORDER ON DEFENDANT ALLSTATE INSURANCE COMPANY'S
MOTION FOR DETERMINATION OF LAW
Defendant, Allstate Insurance Company, moved for a determination of law that the plaintiffs' claim under C.R.S. § 10-3-1114 et seq. is not viable because the loss to be adjusted is the April 27, 2007 fire loss, and the effective date of the statute was August 6, 2008. It is agreed that the statute does not apply retroactively.
The plaintiffs' claim that the insurance company's conduct after that date in determining the amount of damage due to fire and that resulting from contamination, excluded from coverage, was unreasonable. The statutory remedy is available if that determination is made by the jury.
SO ORDERED.
BY THE COURT:
Richard P. Matsch, Senior District Judge