No. 1 CA-CV 93-0580.

184 Ariz. 533 (1995)

911 P.2d 539

COLONIAL LIFE & ACCIDENT INSURANCE; and John T. Osborne, Plaintiffs-Appellees, v. STATE of Arizona; Arizona Department of Administration; and J. Elliott Hibbs, its Director, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department D.

Reconsideration Denied August 28, 1995.

Review Denied February 21, 1996.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Graham Alex Turner, Asst. Atty. Gen., Phoenix, for appellants.

Rogers & Whalen, P.A. by Thomas M. Rogers and Ulrich & Kessler, P.C. by Paul G. Ulrich, Phoenix, for appellees.


NOYES, Presiding Judge.

Since 1986, Appellee Colonial Life & Accident Insurance Company ("Colonial") has sold insurance to state employees via pre-tax payroll deduction without having to compete for and be awarded a contract from Appellants ("the State"), as required of other insurance companies. In 1993, when the State sought to terminate this privilege, Colonial filed a special action in superior court seeking a judgment declaring that Ariz....

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