Free Order on Motion for Reconsideration - District Court of Colorado - Colorado

Case 1:00-cv-02098-REB-MJW

Document 245

Filed 09/07/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Robert E. Blackburn, Judge Civil Case No. 00-cv-02098-REB-MJW KELLY FINCHER, by her guardian JAMES FINCHER, on behalf of herself and all others similarly situated, Plaintiff, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, a New Jersey Corporation, Defendant.

ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION Blackburn, J. This matter is before me on the Plaintiff's Motion for Reconsideration of Findings of Fact, Conclusions of Law, & Orders Dated February 28, 2006, as to the Imposition of the $200,000 Cap on Benefits [#203], filed October 3, 2006. The defendant filed a response [#204], and the plaintiff filed a reply [#205]. I deny the motion. The plaintiff asks me to reconsider my February 28, 2006, Findings of Fact, Conclusions of Law, and Orders [#158], filed February 28, 2006, based on an asserted intervening change in the applicable law. I have considered the cases cited by the plaintiff, as well as the arguments and authorities advanced by the parties. I conclude that the cases cited by the plaintiff, Snipes v. American Family Mut. Ins. Co., 134 P.3d 556, 558 (Colo. App.2006), and Roberts v. American Family Mut. Ins. Co., 144

Case 1:00-cv-02098-REB-MJW

Document 245

Filed 09/07/2007

Page 2 of 2

P.3d 546, 547 (Colo.2006), do not demonstrate a change in the law relevant to the cap on benefits in this case. Most notably, Snipes, which concerns the applicability of a cap on APIP benefits in a reformed insurance policy, simply applies previous law to the particular circumstances present in that case. Neither Snipes nor Roberts indicate that my conclusions concerning the applicability of the cap in this case are contrary to the applicable law. THEREFORE, IT IS ORDERED that the Plaintiff's Motion for Reconsideration of Findings of Fact, Conclusions of Law, & Orders Dated February 28, 2006, as to the Imposition of the $200,000 Cap on Benefits [#203], filed October 3, 2006, is DENIED. Dated September 7, 2007, at Denver, Colorado. BY THE COURT: s/ Robert E. Blackburn Robert E. Blackburn United States District Judge

2