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PETERS v. BOULDER INS. AGENCY, INC.

No. 89CA0182.

829 P.2d 429 (1991)

Stephen C. PETERS, Plaintiff-Appellee and Cross-Appellant, v. BOULDER INSURANCE AGENCY, INC., a Colorado corporation, a/k/a Health Intermediaries and Durham Life Insurance Company, a North Carolina corporation, Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. IV.

Rehearing Denied September 26, 1991.

Certiorari Denied April 20, 1992.

Attorney(s) appearing for the Case

Salmon, Godsman & Nicholson, P.C., Mark L. Anders, William P. Godsman, Englewood, for plaintiff-appellee and cross-appellant.

Montgomery, Little, Young, Campbell & McGrew, P.C., Thomas J. Helms, Englewood, for defendants-appellants and cross-appellees.

Opinion by Judge JONES.

Defendants, Boulder Insurance Agency, Inc. (Boulder), and Durham Life Insurance Company, appeal from a judgment entered against them based upon their refusal to pay insurance claims asserted by plaintiff, Steven Peters. Defendants assert that plaintiff's common law claims are preempted under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001, et seq. (1974). Defendants further assert that the trial court improperly...

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