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RAINS v. FOUNDATION HEALTH SYSTEMS

No. 99CA2398.

23 P.3d 1249 (2001)

Marjorie RAINS, Plaintiff-Appellant, v. FOUNDATION HEALTH SYSTEMS LIFE & HEALTH, f/k/a QualMed, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

March 29, 2001.

Attorney(s) appearing for the Case

Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, CO; Weinberger & Kanan, P.C., Thomas L. Kanan, Denver, CO; The Frickey Law Firm, Janet L. Frickey, Lakewood, CO; The Law Offices of F. James Donnelly, P.C., F. James Donnelly, Greenwood Village, CO; Fogel, Keating, Wagner, Polidori, Shafner, Struthers & Heron, William L. Keating, David R. Struthers, Gersh & Helfrich, LLP, Miles M. Gersh, James Helfrich, The Law Offices of John Astuno, John J. Astuno, Denver, CO; Law Offices of Clifford A. Cantor, Clifford A. Cantor, Redmond, WA, for Plaintiff-Appellant.

Leboeuf, Lamb, Green & MacRae, L.L.P., Robert N. Miller, Frederick T. Winters, Denver, CO, for Defendant-Appellee.

Opinion by Judge VOGT.

Plaintiff, Marjorie Rains, appeals the judgment dismissing her complaint against defendant, Foundation Health Systems Life & Health, f/k/a QualMed, for lack of subject matter jurisdiction. We affirm.

Plaintiff filed a class action complaint on behalf of herself and other individuals covered under defendant's health plans. She alleged that defendant should have paid for certain medical expenses, incurred as a result of an automobile...

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