Case 1:11-cv-02006-RPM Document 2

Filed 08/03/11 USDC Colorado Page 1 of 8

DISTRICT COURT, COUNTY OF EL PASO, STATE OF COLORADO Court Address: 270 S Tejon Street Colorado Springs, CO 80901 Plaintiffs: ESTATE OF MARCUCCI, by~ and through its personal representative, WILLIAM SILVI and WILLIAM SBLVI individually v. Defendant: COMBINED INSURANCE COMPANY OF AMERICA LeHOUILLIER & ASSOCIATES, P.C. Patric J. LeHouillier, #7984 90 S. Cascade Ave., Suite 1430 Colorado Springs, CO 80903 Telephone: (719)471-1330 Facsimile: (719)473-3292 Attorney for the Plaintiffs

EF1LED Document CO El Paso County District Court 4th JI' Filing Date: May 20 2011 2:28PM MDT Filing ID: 37716874 Review Clerk: Racbael Maestas

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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 July 28,1943. He died on May 20, 2008. 2. The Marcucci Estate was opened on June 18, 2008. Decedent's son, William Silvi, was appointed personal representative. 1

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3. Prior to his death, the decedent had applied for life insurance with the Defendant insurance company. A policy was issued covering the decedent's life. (A copy of the policy is attached as Exhibit A.) 4. The policy provided for life insurance benefits in the amount of $500,000.00. 5. Mr. Silvi is a resident of Colorado. The Estate was opened in El Paso County, Colorado. 6. The life insurance contract was entered into in El 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 as Exhibit 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

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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 claims arising 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.

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Respectfully submitted this 20th day of May, 2011. LeHOUILLIER & ASSOCIATES, P.C. Duly signed original at the law office of LeHouillier & Associates, P.C. Patric J. LeHouillier, #7984 Attorney for the Plaintiffs In accordance with C.R.C.P. 121 1-26(9) a printed copy of this document with original signatures is being maintained by thefilingparty and will be made available for inspection by other parties or the court upon request. Plaintiffs Address: William Silvi c/o Kea Silvi 743 East Costilla Street Colorado Springs, CO 80903

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DISTRICT COURT, COUNTY OF EL PASO, STATE OF COLORADO Court Address: 270 S Tejon Street Colorado Springs, CO 80901 Plaintiffs: ESTATE OF MARCUCCI, by and through its personal representative, WILLIAM SILVI and WILLIAM SILVI individually v. Defendant: COMBINED INSURANCE COMPANY OF AMERICA LeHOUILLIER & ASSOCIATES, P.C. Patric J. LeHouillier, #7984 90 S. Cascade Ave., Suite 1430 Colorado Springs, CO 80903 Telephone: (719)471-1330 Facsimile: (719) 473-3292 Attorney for the Plaintiffs

EFILED Document CO El Paso County District Court 4th JD Filing Date: May 20 2011 2:28PM MDT Filing ID: 37716874 Review Cicrk: Rachael Maestas

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SUMMONS

TO THE DEFENDANT:

COMBINED INSURANCE COMPANY OF AMERICA

You are Summoned and required to file with the clerk of this Court an Answer or other response to the attached Complaint within twenty (20). days after the Summons is served on you in the State of Colorado, or within thirty (30) days after the Summons is served on you outside the State of Colorado.

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If you fail to file your Answer or other response to the Complaint in writing within the applicable time period, judgment by default may be entered against you by the Court for the relief demanded in the Complaint, without further notice to you. The following document(s) are also served with this Summons: COMPLAINT Dated this 20th day of May, 2011. LeHOUILLlER AND ASSOCIATES, P.C.

Patric J. LelWillier/ Es, #'7984 90 South Cascade/Ave., Suite 1430 Colorado Springs, CO 80903 (719) 471-1330Attorneyfor the Plaintiffs This Summons is issued pursuant to Rule 4, C.R.C.P. as amended. A copy of the Complaint must be served with this Summons.

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DISTRICT COURT, EL PASO, STATE OF COLORADO Court Address: 270 S. Tejon Street Colorado Springs, Colorado 80901 Plaintiffs: ESTATE OF MARCUCCI, by and through its personal representative, WILLIAM SDLVI and WILLIAM SILVI individually v. Defendant: COMBINED INSURANCE COMPANY OF AMERICA LeHOUILLIER & ASSOCIATES, P.C. Patric J. LeHouillier, #7984 90 S. Cascade Ave., Suite 1430 Colorado Springs, CO 80903 Telephone: (719)4714330 Facsimile: (719) 473-3292 Attorney for the Plaintiffs

EFILED Document ' CO El Paso County District Court 4th JD Filing Date: May 20 2011 2:28PM MDT Filing ID: 37716874 Review Clerk: Rachael Maestas

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DISTRICT COURT CIVIL (CV) CASE COVER SHEET FOR INITIAL PLEADING OF COMPLAINT, COUNTERCLAIM, CROSS-CLAIM OR THIRD PARTY COMPLAINT This cover sheet shall be filed with the initial pleadings of a complaint, counterclaim, cross-claim or third party complaint in every district court 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. Check the boxes applicable to this case. Simplified Procedure tinder C.R.C.P. 16.1 applies to this case because this party does not seek a monetary judgment in excess of $100,000.00 against another party, including any attorney fees, penalties or punitive damages but excluding interest and costs and because this case is not a class action or forcible entry and detainer, Rule 106, Rule 120, or other expedited

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proceeding. ^v D th<Q Simplified Procedure under CR.C.P. 16.1, does not apply to this case because (check one box below identifying why 16.1 does not apply): This is a class action or forcible entry and detainer, Rule 106, Rule 120, or other similar expedited proceeding, or This party is seeking a monetary judgment for more than $100,000.00 against another party, including any attorney fees, penalties or punitive damages, but excluding interest and costs ( see CR.C.P. 16.1 (c)), or Another party has previously stated in its cover sheet that C.R.C.P. 16.1 does not apply to this case. This party makes a Jury Demand at this time and pays the requisite fee. See C.R.C.P. 38. (Checking fcis box is optional.)

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SighaWer^fAttorney for Plaintiff