Victoria Fire & Casualty Company v. Bautista et al, No. 1:2014cv02348 - Document 44 (D. Colo. 2015)
Court Description: ORDER it is now ORDERED that final judgment shall enter dismissing the counterclaim of Jose Dominguez as Parent and Next Friend of Daughter Monique Dominguez, by Judge Richard P. Matsch on 2/18/2015. (evana, )
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Victoria Fire & Casualty Company v. Bautista et al Doc. 44 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 14-cv-02348-RPM VICTORIA FIRE & CASUALTY COMPANY, Plaintiff, v. BLANCA L. BAUTISTA, an individual; CARLOS ESCOBAR BAUTISTA, an individual; JOSE DOMINGUEZ, as Parent and Next Friend of Daughter, MONIQUE DOMINGUEZ; an individual; DAMIEN CHURCHWELL, an individual; KEVIN CHURCHWELL, an individual; EMMYTH NUNEZ, an individual; MENDOTA INSURANCE COMPANY, Defendants. _____________________________________________________________________ ORDER FOR ENTRY OF JUDGMENT DISMISSING COUNTERCLAIM OF JOSE DOMINGUEZ AS PARENT AND NEXT FRIEND OF MONIQUE DOMINGUEZ _____________________________________________________________________ Pursuant to the hearing held today and on the undisputed facts as stated by the Court and upon the conclusion that as a matter of law the subject insurance policy did not include coverage for the Mazda RX-8 vehicle driven by Carlos Escobar Bautista at the time of the collision causing injuries to Monique Dominguez and because the record does not include any statement that there was coverage for that vehicle upon which Blanca Bautista could have relied, there is no basis for the claim of promissory estoppel. Accordingly, it is now ORDERED that final judgment shall enter dismissing the counterclaim of Jose Dominguez as Parent and Next Friend of Daughter Monique Dominguez. DATED: February 18th, 2015 Dockets.Justia.com BY THE COURT: s/Richard P. Matsch __________________________ Richard P. Matsch, Senior Judge 2
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