Dismissal – Expert Flooring Solutions LLC v. Auto Owners Insurance Company

September 2015

Expert Flooring Solutions LLC, et al. v. Auto Owners Insurance Company, Civil Action 2015CV31947, Denver District Court. Plaintiffs alleged they suffered the theft of thousands of dollars worth of tools and filed an insurance claim. However, Auto Owners denied the claim on the basis that the insured failed to cooperate and provide Auto Owners the information it needed to adjust the claim. Expert Flooring filed claims for breach of contract, bad faith, violation of Colorado Revised Statutes §§10-3-1115 and 10-3-1116, and for outrageous conduct. In response to the complaint, Karen Wheeler filed a Motion to Dismiss on behalf of Auto Owners. Auto Owners explained that plaintiffs’ claims were barred by the contractual limitation, and the applicable statute of limitation. Auto Owners also explained that the individual plaintiffs were not real parties in interest and that the outrageous conduct claim failed as a matter of law. The trial court ultimately granted the motion and dismissed the case.

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