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THE GREEN EARTH WELLNESS CENTER, LLC , Plaintiff V. ATAIN SPECIALTY INSURANCE COMPANY, Defendant Avoids Trial
©2016 Greenpoint Insurance Advisors, LLC
A lawsuit filed by Green Earth Wellness Center LLC (“Green Earth”) against their insurance company has been settled according to court documents. The original complaint filed by Green Earth sought relief for breach of contract, breach of implied covenant of good faith and fair dealing, and statutory violations of the Colorado insurance code against Atain Specialty Insurance Company. The damage from smoke and ash was a result of the Waldo Canyon fire apparently damaged $240,000 of live cannabis plants, buds, and flower owned by Green Earth.
Their insurance policy apparently had coverage for stock and business personal property, but coverage for living plants such as clones or mothers may have been murky according to court documents referencing the insurance policy. A trial had been set for August 22, 2016 that may have contributed to the parties deciding to settle the case and avoid further scrutiny that lead to national media attention.
The Notice of Settlement was filed on July 29, 2016 in the United States District Court for the District of Colorado civil action number 1:13-cv-03452-MSK-NYW as indicated below:
PLAINTIFF’S NOTICE OF SETTLEMENT: THE GREEN EARTH WELLNESS CENTER, LLC , Plaintiff V. ATAIN SPECIALTY INSURANCE COMPANY, DefendantGreen Earth Settlement