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O'REILLY v. PHYSICIANS MUT. INS. CO.

No. 97CA2262.

992 P.2d 644 (1999)

Richard C. O'REILLY, Plaintiff-Appellee and Cross-Appellant, v. PHYSICIANS MUTUAL INSURANCE COMPANY, a Nebraska corporation, Defendant-Appellant and Cross-Appellee, and James J. Frost, Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied June 17, 1999.

Certiorari Denied, January 24, 2000.

Attorney(s) appearing for the Case

Arckey & Reha, L.L.C., John F. Reha, Littleton, Colorado, for Plaintiff-Appellee and Cross-Appellant.

Otten, Johnson, Robinson, Neff & Ragonetti, P.C., Darrell G. Waas, Patricia C. Campbell, Denver, Colorado; McGrath, North, Mullin, Kratz, P.C., James J. Frost, Omaha, Nebraska, for Defendant-Appellant and Cross-Appellees and Appellant.

Opinion by Judge JONES.

In this action concerning termination of an employment contract, defendant, Physicians Mutual Insurance Company (PMIC), appeals the judgment against it and in favor of plaintiff, Richard C. O'Reilly, on O'Reilly's contract-based claim of implied duty of good faith and fair dealing. O'Reilly cross-appeals the judgment against him and in favor of PMIC on his claim for breach of contract and the dismissal of his tort-based claim of breach of implied...

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