Colon v. Old Republic Insurance Company
- Jesse Furman
- 1:22-cv-00433
- U.S. District Court · Southern District of New York
- 2
In Colon v. Old Republic, Judge Furman granted Defendants summary judgment, ruling the supplemental policy did not apply because primary coverage matched its limits.
Jazlyn Colon’s claim for benefits under the supplemental uninsured- and underinsured-motorist policy was resolved against her; judgment was entered in favor of Old Republic Insurance Company and the Uber defendants.
What happened
In Colon v. Old Republic Insurance Company, Jazlyn Colon sought benefits under a supplemental insurance policy after being injured in a car accident while riding in an Uber ordered by someone else. The court had already granted Defendants summary judgment on one claim and was deciding Colon’s remaining claim for breach of the policy.
The policy said it would not apply if insurance covering someone in the car provided at least the same uninsured- or underinsured-motorist limits. Defendants submitted evidence that the Uber driver had primary insurance providing $25,000/$50,000 uninsured-motorist coverage, matching the supplemental policy’s limits. Because the policy therefore did not apply, the court ruled that Colon was not entitled to benefits.
Judge Jesse M. Furman granted summary judgment on Colon’s remaining claim, directed the Clerk to enter judgment for Defendants consistent with the current order and the earlier ruling, and ordered the case closed.
The detailed version
- Colon v. Old Republic Insurance Company · No. 1:22-cv-00433
- Jesse Furman
- May 12, 2023
Background
Jazlyn Colon was injured in a car accident while riding in an Uber ordered by a non-party. She claimed that Old Republic Insurance Company wrongfully denied her benefits under a supplemental insurance policy issued to Raiser-NY, LLC, Uber Technologies, Inc., and Uber USA, LLC, which the opinion collectively calls “Uber.”
In an earlier round of this case, the court granted Defendants summary judgment on one of Colon’s claims but reserved judgment on her claim for breach of the supplemental policy. The court explained that coverage would be barred if the Uber driver had a primary uninsured- or underinsured-motorist policy with limits greater than or equal to the limits in the supplemental policy. The court requested additional submissions on whether the driver had such coverage. Defendants submitted a supplemental declaration, and Colon submitted nothing.
Merits ruling
The supplemental policy stated that it would not apply if uninsured- or underinsured-motorist coverage available to anyone in the car provided at least the same limits as the supplemental policy. Defendants’ supplemental declaration confirmed that, when the accident occurred, the Uber driver had a primary insurance policy providing $25,000/$50,000 uninsured-motorist coverage. The court found that these limits matched the limits of the supplemental policy.
Applying the policy’s plain terms, the court concluded that the supplemental policy did not apply and that Colon was not entitled to benefits. The court therefore granted summary judgment on Colon’s remaining claim.
Disposition
The court directed the Clerk to enter judgment in favor of Defendants consistent with the current Memorandum Opinion and Order and the earlier ruling, and to close the case. Judge Jesse M. Furman signed the order on May 12, 2023.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.