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GLASEBROOK v. MUTUAL OF OMAHA INS. CO.

No. 43835-2-I.

997 P.2d 981 (2000)

100 Wash.App. 538

Paul GLASEBROOK and Theresa Lamb, individually and on behalf of all other similarly-situated persons, Appellants, v. MUTUAL OF OMAHA INSURANCE COMPANY, a Nebraska company, Respondent.

Court of Appeals of Washington, Division 1.

April 24, 2000.

Attorney(s) appearing for the Case

Richard E. Spoonemore & Jonathan P. Meier, Seattle, for Appellants.

Michael B. King, Jeffrey Gingold, Lane Powell Spears Lubersky LLP, Seattle, for Respondent.

COLEMAN, J.

Paul Glasebrook and Theresa Lamb sued Mutual of Omaha Insurance Company on behalf of a class of state residents who attempted to purchase health insurance after the insurer had ceased writing new policies. The plaintiffs sought a declaratory judgment finding that the insurer's refusal to accept new enrollees violated the guaranteed issue requirement in former RCW 48.43.035(1),1 which provided that "[a]ll health carriers shall...

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