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 summary judgment to defendants, ruling Colon’s supplemental insurance did not apply.
Jazlyn Colon and the defendants, including Old Republic Insurance Company; the judgment resolved Colon’s remaining claim for supplemental insurance benefits.
What happened
In Colon v. Old Republic Insurance Company, Jazlyn Colon sought benefits under a supplemental insurance policy after an accident involving her Uber driver. The judgment addressed Colon’s remaining claim.
The court relied on the policy’s language stating that it would not apply if anyone in the car had uninsured- or underinsured-motorist coverage with limits at least as high as the supplemental policy’s limits. Defendants submitted a declaration confirming that the driver’s primary policy provided the same $25,000/$50,000 coverage limits.
Judge Jesse Furman granted summary judgment as to Colon’s remaining claim, entered judgment for the defendants, and closed the case.
The detailed version
- Colon v. Old Republic Insurance Company · No. 1:22-cv-00433
- Jesse Furman
- May 12, 2023
Background
Jazlyn Colon’s remaining claim sought benefits under a supplemental policy issued by defendants. The judgment states that the court’s ruling was based on its April 25, 2023 and May 12, 2023 memorandum opinions and orders, as well as defendants’ supplemental submission.
Court’s reasoning
The policy provided that it would not apply if uninsured- or underinsured-motorist coverage was available to anyone in the car and provided at least the same limits as the supplemental policy. Defendants’ supplemental declaration confirmed that, at the time of the accident, Colon’s Uber driver had a primary insurance policy providing $25,000/$50,000 in uninsured-motorist coverage—the same limits provided by the supplemental policy.
The court concluded that, under the policy’s plain terms, the supplemental policy did not apply and Colon was not entitled to benefits. The judgment also cited decisions explaining that excess insurance generally becomes available only after a required amount of primary coverage has been paid.
Disposition
The court granted summary judgment as to Colon’s remaining claim, entered judgment in favor of defendants, and closed the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.