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VAUGHAN v. McMINN

Nos. 96SC497, 96SC504.

945 P.2d 404 (1997)

Stacey VAUGHAN and Axia Services, Inc., Petitioners, v. Robert McMINN, Respondent. ZURICH AMERICAN INSURANCE OF ILLINOIS, Petitioner, v. Daniel F. RAEL and Yvonne M. Rael, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 20, 1997.

Attorney(s) appearing for the Case

Gibson Dunn & Crutcher, L.L.P., Gregory J. Kerwin, Phillip F. Smith, Jr., Denver, for Petitioners Stacey Vaughan and Axia Services, Inc.

Roger Fraley, Jr., Denver, for Respondent Robert McMinn.

Hibschweiler & Johnson, James D. Johnson, Sheila E. Barthel, Denver, for Petitioner Zurich American Insurance Company of Illinois.

Wilcox & Ogden, P.C., Ralph Ogden, Denver, Steven U. Mullens, P.C., Steven U. Mullens, Colorado Springs, for Respondents Daniel and Yvonne Rael.

Retherford, Mullen, Johnson & Bruce, L.L.C., Neil C. Bruce, Colorado Springs, for Amicus Curiae Colorado Defense Lawyers Association.

John Berry, Denver, for Amicus Curiae The Workers' Compensation Coalition.

Justice BENDER delivered the Opinion of the Court.

This proceeding under C.A.R. 50 is the consolidation of two lawsuits, each involving an insured who filed a common law tort claim against his insurance company for bad faith in handling the insured's workers' compensation claim. The insurance companies, the petitioners in this court, moved to dismiss for lack of subject matter jurisdiction. In both cases, the district court granted the motion, reasoning that the General...

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