High Street Lofts Condominium Ass'n v. American Family Mutual Insurance

OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT

MARCIA S. KRIEGER, District Judge.

THIS MATTER comes before the Court pursuant to the parties’ Joint Motion to Bifurcate (# 12); and Defendant American Family Mutual Insurance Company’s (“American Family”) Motion for Summary Judgment (#21), Plaintiff High Street Lofts Condominium Association, Inc.’s (“High Street”) response (# 24), and American Family’s reply (# 31).

FACTS

In May 2009, the City of Boulder began performing road repair work on Broadway near High Street’s property, some of which involved the use of a vibrating compactor to…