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CASTELLARI v. PARTNERS HEALTH PLAN

No. 92CA0923.

860 P.2d 593 (1993)

Stephen P. CASTELLARI, Plaintiff-Appellant, v. PARTNERS HEALTH PLAN OF COLORADO, INC., Intervenor-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied September 23, 1993.

Attorney(s) appearing for the Case

Breit, Best, Richman & Bosch, P.C., Warren B. Bosch, Kristen L. Mix, Bradley A. Levin, Denver, for plaintiff-appellant.

Popham, Haik, Schnobrich & Kaufman, Richard G. Sander, Deborah L. Bayles, Denver, for intervenor-appellee.

Opinion by Judge REED.

Plaintiff, Stephen P. Castellari, appeals from the trial court's denial of his motion for an equitable assessment of attorney fees against his health insurance carrier, Partners Health Plan of Colorado, Inc. (Partners). We reverse and remand with directions.

In December 1989, plaintiff was injured when his motorcycle was struck by a car. During the ensuing two years, Partners paid approximately $26,000 in medical expenses incurred by...

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