Summary Judgment – Bulinski

June 2017

Bulinski v. State Farm Fire and Casualty Company, Civil Action 16-cv-02066-RPM, U.S. District Court, District of Colorado.  Plaintiffs filed claims for breach of contract, statutory unreasonable delay/denial and common law bad faith, seeking about $200,000 in property damage, plus a penalty of double damages, plus attorney fees and costs.  Plaintiffs also sought punitive damages.  The insurance claim arose when a giant boulder detached from a cliff face about ¼ mile from plaintiffs’ vacation home in Ouray, Colorado and rolled downhill.  State Farm denied the claims based on the policy’s earth movement exclusion.  Plaintiffs filed their lawsuit and later filed a motion for summary judgment.  In response to Plaintiffs’ motion for summary judgment, Marc Levy and Matt Hall filed a cross-motion for summary judgment.  The Court disagreed with plaintiffs’ position and determined that there is no insurance coverage for the loss.  As a result, the court dismissed all of plaintiffs’ claims.