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LUNN v. TIME INS. CO.

No. 18872.

792 P.2d 405 (1990)

Jerry B. LUNN and Karen L. Lunn, Plaintiffs-Appellants, v. TIME INSURANCE COMPANY, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied June 14, 1990.

Attorney(s) appearing for the Case

Sam A. Westergren, Santa Fe, for plaintiffs-appellants.

Rodey, Dickason, Sloan, Akin & Robb, P.A., David C. Davenport, Jr., Santa Fe, for defendant-appellee.

OPINION

BACA, Justice.

Appellants Jerry and Karen Lunn (Lunns) were cable splicers retained as independent contractors by Trans-American Communications, Inc. (Trans-American). They applied for and obtained group health insurance from Time Insurance Company (Time) through a group health insurance plan maintained as an employee welfare benefit plan by Trans-American. Mr. Lunn subsequently developed colon cancer and submitted a claim for medical expenses to...

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