| Classic Collision Estimate of Record (RO #204805178, 08/18/2026 — Front Bumper, Duct, Radiator & A/C) | $7,358.16 |
| Less Policy Deductible (Form 5100CO(03) Amended Declarations, VEH 16) | −$250.00 |
| Net Covered Benefit Unreasonably Delayed / Denied | $7,108.16 |
| Colorado Statutory 2x Bad-Faith Penalty (C.R.S. § 10-3-1116(1)) | $14,216.32 |
| Total Statutory Lawsuit Demand (Plus Attorney Fees & Court Costs) | $21,324.48 |
1. Policy Definition O.1 ("Your covered auto" = Any Vehicle Shown on the Declarations): During the 08/24/2026 SIU recorded statements, USAA Investigator Benjamin Brigante claimed Claimants lacked insurable interest because paper title had not yet transferred. That contradicts Form 5100CO(03) Rev. 7-12, Page 4 of 28, Definition O, which defines "Your covered auto" simply as: "1. Any vehicle shown on the Declarations." Page 3 of the Amended Declarations explicitly schedules VEH 16 (2013 BMW X6 M, VIN 5YMGZ0C51DLL29927), lists Operators 01 YARITZA D DIAZ and 04 GARY L BATES, charges $2,585.76/6-mo, and names LOSS PAYEE: VEH 16 SECURITY SERVICE FEDERAL CREDIT UNI.
2. Loss Payable Clause Protection (Page 19 of 28) & Subrogation: Under Page 19 of 28, coverage for Loss Payee SSFCU "will not become invalid because of your fraudulent acts or omissions" absent conversion, secretion, or embezzlement. By paying off SSFCU Loan #87021 via a certified $13,315.00 cashier's check on 08/24/2026, John Adolfo Josetti IV stands in SSFCU's protected Loss Payee position.
3. Colorado Statutory Insurable Interest (C.R.S. § 10-1-102(11)) & Morley v. USAA (2019 COA 169): The Colorado Title issued 09/14/2026 prints a purchase date of October 3, 2025 (one day before the vehicle was added to the policy on October 4, 2025). Under Morley v. USAA, 2019 COA 169, ¶¶ 38–41, USAA cannot summarily forfeit coverage under Page 24 ("MISREPRESENTATION") without producing the 10/04/2025 enrollment workflow and proving knowing falsity and materiality.
4. Causation Separation (RO #204805178) & State Farm v. Fisher (2018 CO 39): Classic Collision Estimate RO #204805178 (08/18/2026) separates minor prior items (rear spoiler dent and scratches) from the 07/18/2026 nighttime animal strike (Part D, Def. B.9) front bumper, cooling, radiator, and A/C damage ($7,358.16 gross / $7,108.16 net), and USAA already paid $1,960.76 for Enterprise rental coverage plus ~$4,200.00 for OEM parts. Under State Farm v. Fisher, 2018 CO 39, USAA may not unreasonably withhold covered benefits.
Claimants authorize Pushing Capital LLC and John Adolfo Josetti IV to serve the Supervisory Reconsideration & Record Preservation Demand, obtain certified Colorado DMV Form DR 2489A records, and coordinate enforcement with USAA, Classic Collision, the Colorado Division of Insurance (DORA), and retained Colorado bad-faith litigation counsel. Claimants retain final authority over legal counsel and settlement approval.