Trinity Universal Insurance Co. of Ks. v. D.R. Horton

Full title: TRINITY UNIVERSAL INSURANCE COMPANY of KANSAS, INC., Plaintiff, v. D.R…

Court: United States District Court, D. Colorado

Date published: Dec 9, 2008

Civil Action No. 07-cv-00600-PAB-MJW (D. Colo. Dec. 9, 2008)

Opinion

Civil Action No. 07-cv-00600-PAB-MJW.

December 9, 2008

ORDER [DOC. 455]

DONALD ABRAM, Magistrate Judge

Trinity Universal Insurance Company of Kansas (Trinity) filed a Motion to Bifurcate the Issue of Allocation From Claims Alleging Violation of the Colorado Consumer Protection Act and Bad Faith Breach of Insurance Contract [Doc. 455]. The Special Master has recommended that the Fifth Claim for Relief for a violation of the Colorado Consumer Protection Act (CCPA) be dismissed for failure to state a claim. If approved by the Court, the Motion is moot as to the CCPA.

The issues raised by D.R. Horton, Inc and its insurers in the Fourth Claim for Relief — Breach of Insurance Contract in Violation of the Duty of Good Faith and Fair Dealing [Doc. 190-4] contain the same basic facts which will have to be established in the Second and Third Claims for Relief. The issue is not clearly separable and would not save time and money in the defense of the Cross-claim. Angelo v. Armstrong World Indus. Inc., 11 F.3d 957 (10^th Cir. 1993) is not applicable.

IT IS ORDERED that the Motion to Bifurcate [Doc. 455] is denied.