On July 13, 2016, attorneys Frank Patterson and Hillary Patterson obtained a directed verdict for the defendant in the case of My Roofer, Inc. v. State Farm Fire & Casualty Company (Weld County District Court, 2015CV30425).
Plaintiff was a roofing company. State Farm’s insureds suffered roof damages as a result of a hail/wind event. State Farm determined decking was not damaged in the event, and damage to decking was excluded as wear, tear, and deterioration. The insureds and the roofer argued State Farm should cover replacement cost of decking under OL coverage (Ordinance or Law) because code required replacement before new shingles were applied. State Farm contended excluded damages for wear, tear, and deterioration are not restored under OL coverage.
The roofer replaced the decking and took an assignment from the owners for a breach of contract claim. The roofer brought a first-party claim in its own right alleging unreasonable delay and denial pursuant to C.R.S. §§ 10-3-1115 and 10-3-1116.
The Honorable Judge Todd L. Taylor ruled on State Farm’s oral motion for directed verdict after Plaintiff rested its case-in-chief that. Judge Taylor held that, viewing the evidence in the light most favorable to the nonmoving party, Plaintiff had not met its evidentiary burden on the breach of contract claim. The evidence was overwhelmingly clear beyond doubt that the damage to decking was caused by wear, tear, or deterioration, and that the State Farm policy did not provide coverage for the loss. All of Plaintiff’s claims were dismissed pursuant to C.R.C.P. 50.
Prior to trial, attorney Hillary Patterson successfully argued a pre-trial motion regarding Plaintiff’s spoliation of evidence, and the Court issued an order for adverse inference instruction.