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MARYLAND CAS. CO. v. MESSINA

No. 91CA2060.

860 P.2d 556 (1993)

MARYLAND CASUALTY COMPANY, Plaintiff-Appellee, v. Rose Wood MESSINA, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied February 18, 1993.

Certiorari Granted October 25, 1993.

Attorney(s) appearing for the Case

White and Steele, P.C., Michael J. Daugherty, Denver, for plaintiff-appellee.

Ozer & Mullen, P.C., Rick Paul Lopez, Colorado Springs, for defendant-appellant.

Opinion by Judge ROTHENBERG.

In this declaratory judgment action to determine whether personal injury protection (PIP) benefits were payable under an automobile insurance policy, defendant, Rose Wood Messina, appeals from the summary judgment entered in favor of plaintiff, Maryland Casualty Company (insurer). Because the issues determined adversely to Messina in an earlier workers' compensation proceeding were not identical to the issues presented in this action,...

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