Rachel Jennings and Nate Moyer obtained a dismissal of claims against an insurer after an evidentiary hearing in an action for breach of contract for underinsured motorist benefits.
The Plaintiff was involved in a motor vehicle accident, claimed injuries resulting from the accident, and sought underinsured motorist benefits for the claimed damages exceeding the at-fault driver’s insurance limits. The Plaintiff’s own insurer denied the claim for underinsured motorist benefits because the Plaintiff opted out of, and did not pay for that coverage. The Plaintiff then claimed to be in a common law marriage with the insured of the Defendant insurer to obtain coverage under that person’s underinsured motorist benefits. The Defendant insurer denied coverage, and the Plaintiff filed suit for breach of contract, alleging to be entitled to the underinsured motorist benefits based on the purported common law marriage.
As the Plaintiff’s alleged common law marriage was central to the claims against the Defendant insurer, the defense requested an evidentiary hearing on the issue. Under Colorado law, the common law marriage standard is expansive and can be established without the formalities of traditional marriage such as an exchange of rings or sharing a last name. The Court heard testimony from the Plaintiff and the insured, and it took note of instances where the Plaintiff self-reported as “single” in both written and oral communications before and after the accident. The Court also found it especially persuasive that the Plaintiff and the insured filed tax returns as “single.” The court ultimately ruled the Plaintiff failed to prove the existence of a common law marriage with the insured and granted the Defendant insurer’s motion to dismiss the Plaintiff’s claims as a matter of law.
