estate of marcucci et al v. combined insurance company of america complaint

8/6/2019 ESTATE OF MARCUCCI et al v. COMBINED INSURANCE COMPANY OF AMERICA Complaint

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Case 1:11-cv-02006-RPM Docum ent 2 Filed 08/03/11 USDC Colorado of 8

DISTRICT COURT, COUNTY OF ELPASO, STATE OF COLORADO

Court Address:270 S Tejon StreetColorado Springs, CO80901

Plaintiffs: ESTA TE OF MA RCUC CI, by~and through its personal representative,WILLIAM SILVI and WILLIAM SBLVIindividually

v.

Defendant: COMBINED INSURANCECOMPANY OF AMERICA

LeHOUILLIER & ASSOCIATES, P.C.Patric J.LeHouillier, #798490 S. Cascade Ave., Suite 1430Colorado Springs, CO 80903Telephone: (719)471-1330Facsimile: (719)473-3292Attorney for the Plaintiffs

EF1LED DocumentCO El Paso County District Court 4thJ I 'Filing Date: May 20 20112:28PM MDTFiling ID : 37716874Review Clerk: Racbael Maestas

A COURT USE ONLYA

CaseNo-

Division : Ctrm:

COMPLAINT

COME NOW the Plaintiffs, by and through their attorneys, LeHouillier &

Associates, P .C , and state the following for their Complaint:

I. GENERAL ALLEGATIONS

1. This case involves life insurance on the life of William Marcucci. The decedent,

William Marcucci, was born on July28,1943. He died on May 20, 2008.

2. The Marcucci Estate was opened on June18, 2008. Deceden t's son, William

Silvi, was appointed personal representative.

1



Case 1:11 -cv-02006-RPM Document 2 Filed08/03/11 USDC Colorado of 8

3. Prior to his death, the decedent had applied for life insurance with the Defendant

insurance company. A policy was issued covering thedecedent's life. (A copy of

the policy is attached as Exh ibit A.)

4. The policy provided for life insurance benefits in theamount of $500,000.00.

5. Mr. Silvi is a resident of Colorado. The Estate was opened inEl Paso County,

Colorado.

6. The life insurance contract was entered into inEl Paso County, Colorado and for

this reason venue appropriately lies in this Court pursuant to Rule 98 of the

Colorado Rules of Civil Procedure.

II. FIRST CLAIM FOR RELIEF

BREACH OF CONTRACT

7. Following William Marcucci's death, an application for life insurance proceeds

was filed with the Defendant. A copy is attached asExhibit B.

8. The Defendant has breached its obligation to pay life insurance death benefits to

the designated beneficiary.

III. SECOND CLAIM FOR RELIEF

BAD FAITH BREACH OF CONTRACT

9. The Defendant acted unreasonably in failing to pay the insurance proceeds as the

life insurance contract required.

10. In failing to comply with the terms of the life insurance contract, the Defendant




engaged in unfair settlement practices in violation of C.R.S. §10-3-1104 (l)(h).

The unfair claims settlement practices include but are not limited to:

A. Failing to acknowledge and act reasonably promptly upon communication

with respect to the claim.

B. Failing to adopt and implement reasonable standards for prompt

investigation of claimsarising under insurance policies.

C. Refusing to pay claims without conducting a reasonable investigation based

upon all available information.

D. Failing to affirm or deny coverage within a reasonable time after the claim

was submitted.

E. Not attempting in good faith to effectuate prompt, fair and equitable

settlement of a claim in which liability has become reasonably clear.

11. The Plaintiffs have sustained damages and losses as a consequence of the

Defendant's bad faith in breaching their insurance contract.

WHEREFOR, it is respectfully requested that this Honorable Court enter

judgment in favor of the Plaintiffs and against the Defendant in such sum as will

reasonably compensate the Plaintiffs for their injuries, damages and losses together with

interest, costs, and such other relief as this Court deems just and proper under the

circumstances.




Respectfully submitted this20th day of May,2011.

LeHOUILLIER & ASSOCIATE S, P.C.

Duly signedoriginal at the law officeof LeHouillier &Associates, P.C.

Patric J. LeHouillier, #7984Attorney for the Plaintiffs

In accordance with C.R.C.P. 121 § 1-26(9) a printed copy of this document withoriginal signatures is being maintained by the filing party and will be mad e available forinspection by other parties or the court upon request.

Plaintiffs Address:William Silvic/o Kea Silvi743 East Costilla StreetColorado Springs, CO 80903




DISTRICT COUR T, COUNTY OF ELPASO,STATE OF COLORADO

Court Address:270 S Tejon StreetColorado Springs, CO 80901

Plaintiffs: ESTATE OF MARCUCCI, byand through its personal representative,WILLIAM SILVI and W ILLIAM SILVIindividually

v.

Defendant: COMBINED INSURANCECOMPANYOF AMERICA

LeHOUILLIER & ASSOCIATES, P.C.Patric J. LeHouillier, #798490 S. CascadeAve., Suite 1430Colorado Springs, CO 80903Telephone: (719)471-1330Facsimile: (719) 473-3292Attorney for the Plaintiffs

EFILED DocumentCO El Paso CountyDistrict Court 4thJDFiling D ate: May20 2011 2:28PM M D T

Filing ID: 37716874ReviewCicrk: Rachael Maestas

A COURT USE ONLY A

Case No.

Division: Ctrm:

SUMMONS

TO THE DEFENDANT: COMBINED INSURANCE COMPANY OFAMERICA

You are Summoned and required to file with the clerk of thisCourt an Answer or

other response to the attached Complaint within twenty(20).days after the Summons is

served on you in the State ofColorado,or within thirty (30) days after the Summons is

served on you outside the State of Colorado.




If you fail tofile your A nswer or other response to the Com plaint in writing within

the applicable time period, judgment by default may be entered against you by the Court

for the relief demanded in the Com plaint, without further no tice to you .

The followingdocument(s) are also served with this Summ ons: CO M PL AINT

Dated this20th day of May,2011.

LeHOUILLlER AND ASSOCIATES, P.C.

iT\/ ) / sf --'

Patric J.LelWillier/ Es£ , #'798490 SouthCascade/Ave.,Suite 1430Colorado Springs, CO 80903(719) 471-1330-Attorneyfor the Plaintiffs

This Summons is issued pursuant to Rule 4, C.R.C.P. as amen ded. Acopy of theCom plaint must be served with this Summ ons.




DISTRICT COURT, EL PASO , STATE OFCOLORADO

Court A ddress:270 S. Tejon StreetColorado Springs, Colorado 80901

Plaintiffs: ESTAT E O F MAR CUC CI, byand through its personal representative,WILLIAMSDLVI and WILLIAMSILVIindividually

v.

Defendant: COMBINED INSURANCECOMPANY OF AMERICA

LeHOUILLIER & ASSOCIATES, P.C.Patric J. LeHouillier, #798490 S. Cascade Ave., Suite 1430Colorado Springs, CO 80903Telephone: (719)4714330Facsimile: (719) 473-3292Attorney for the Plaintiffs

EFILED Document 'C O El Paso County D istrict Court 4th JDFiling Date: M ay 202011 2:28PM M DTFiling ID: 37716874Review Clerk:Rachael Maestas

A COU RT USE ONLY A

Case No.

Division: Ctrm:

DISTRICT COU RT CIVIL (CV) CASE COVER SHE ET FO RINITIAL PLEADING OF COM PLAINT, COUNT ERCLA IM, CROSS-CLAIM

OR THIRD PARTY COM PLAINT

This cover sheet shall be filed with the initial pleadings of acomplaint,counterclaim, cross-claim or third party complaint in every districtcourt civil(CV) case. It shall not be filed in Domestic Relations (DR), Probate (PR), Water(CW), Juvenile(JA,JR, JD, JV),or Mental Health (MH ) cases.

Checkthe boxes applicable to this case.

• Simplified Procedure tinderC.R.C.P. 16.1 applies to this case because thisparty does not seek a monetary judgm ent in excess of$100,000.00 againstanother party, including any attorney fees, penalties or punitive damagesbut excluding interest and costs and because this case is not a class actionor forcible entry and detainer, Rule 106, Rule 120, or other expedited




proceeding.

^ v Simplified Procedure underCR.C.P. 16.1, does not apply to this case

because (check one box below identifying why16.1 does not apply):

D This is a class action or forcible entryand detainer,Rule 106,Rule 120, orother similar expedited proceeding, or

th<Q This party is seeking a monetary judgment for more than $100,000.00against another party, including any attorney fees, penalties or punitivedamages, but excluding interest and costs ( seeCR.C.P. 16.1 (c)), or

D Another party has previously stated in its cover sheet that C.R.C.P.16.1 does not apply to this case.

a This party makes aJury Demand at this time and pays the requisite fee.See C.R.C.P.38. (Checking fcis box is optional.)

Date : *g fpQ 1 j \SighaWer^fAttorney for Plaintiff

estate of marcucci et al v. combined insurance company of america complaint

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