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HAWES v. COLORADO DIV. OF INS.

No. 99CA2435.

32 P.3d 571 (2001)

Taylor HAWES and Colorado Health Care Conversions Project, Appellants, v. COLORADO DIVISION OF INSURANCE; William V. Kirven, III, in his capacity as Commissioner of Insurance; Rocky Mountain Hospital and Medical Service, Inc., d/b/a Anthem Blue Cross Blue Shield of Colorado, a Colorado insurance corporation, a continuation of Rocky Mountain Hospital and Medical Service, d/b/a Blue Cross Blue Shield of Colorado, a Colorado nonprofit hospital, medical-surgical health service corporation; Anthem Insurance Companies, Inc., an Indiana mutual insurance company; Anthem West, Inc., an Indiana stock insurance company; and Caring for Colorado Foundation, Appellees.

Colorado Court of Appeals. Division IV.

Certiorari Denied October 15, 2001.

Attorney(s) appearing for the Case

Kelly/Haglund/Garnsey & Kahn LLC, Edwin S. Kahn, David R. Fine, Christine L. Murphy, Denver, CO, for Appellant Taylor Hawes.

Colorado Center on Law and Policy, D. Elisabeth Arenales, Denver, CO, for Appellant Colorado Health Care Conversions Project.

Ken Salazar, Attorney General, Robert M. Howard, Senior Assistant Attorney General, Denver, CO; Patrick H. Cantilo, Special Assistant Attorney General, Cantilo & Bennett, L.L.P., Austin, TX, for Appellees Colorado Division of Insurance and William J. Kirven, III.

Yu Stromberg Cleveland, P.C., Frederick Y. Yu, Barbara L. Crawford, Denver, CO, for Appellees Rocky Mountain Hospital and Medical Service, Inc., d/b/a Anthem Blue Cross and Blue Shield; Anthem Insurance Companies, Inc.; and Anthem West, Inc.

Baker & Hostetler, LLP, Marc D. Flink, Alfred C. Chidester, Denver, CO, for Appellee Caring for Colorado Foundation.

Opinion by Judge KAPELKE.

Appellants, Taylor Hawes and the Colorado Health Care Conversions Project (CHCCP), appeal from the final order of the Colorado Commissioner of Insurance (Commissioner) approving the conversion of Rocky Mountain Hospital and Medical Services, Inc., d/b/a Blue Cross Blue Shield (Blue Cross), from a nonprofit hospital, medical-surgical and health service company to a for-profit corporation. Hawes and CHCCP challenge only that part of the Commissioner...

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