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WOTA v. BLUE CROSS AND BLUE SHIELD

No. 91SC426.

831 P.2d 1307 (1992)

Michael Joseph WOTA and Virginia Diane Wota, Petitioners, v. BLUE CROSS AND BLUE SHIELD OF COLORADO, a Colorado corporation, Respondent.

Supreme Court of Colorado, En Banc.

June 29, 1992.

Attorney(s) appearing for the Case

Bader & Villanueva, P.C., Gerald L. Bader, Jr., Randolph S. Dement, Denver, Dugan & Ehlers, Thornton W. Price, III, Durango, Cassidy & Weiss, Samuel H. Cassidy, Pagosa Springs, for petitioners.

Cooper & Kelley, P.C., Thomas B. Kelley, Mark A. Fogg, Dean A. McConnell, Denver, for respondent.

Justice ERICKSON delivered the Opinion of the Court.

We granted certiorari to determine whether the court of appeals erred in affirming the summary judgment entered by the district court for Blue Cross and Blue Shield of Colorado (Blue Cross) and the dismissal of Michael Joseph Wota's claim, under a group health plan, for medical expense benefits related to heart transplant surgery. Wota v. Blue Cross & Blue Shield, 820 P.2d 1137

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