Taylor HAWES and Colorado Health Care Conversions Project, Petitioners, and
Kelly, Haglund, Garnsey, & Kahn LLC; and Colorado Center On Law & Policy, Attorney-Petitioners,
v.
COLORADO DIVISION OF INSURANCE, William J. 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, Respondents.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
March 3, 2003.
Rehearing Denied April 7, 2003.
Attorney(s) appearing for the Case
Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, Colorado, Attorney for Attorney-Petitioners Kelly, Haglund, Garnsey, & Kahn, LLC.
Kelly, Haglund, Garnsey, & Kahn LLC, Edwin S. Kahn, Christine L. Murphy, Denver, Colorado, Attorneys for Petitioner Taylor Hawes.
Colorado Center on Law & Policy, Elisabeth D. Arenales, Denver, Colorado, Attorneys for Petitioner Colorado Health Care Conversions Project and for Itself as Attorney-Petitioner.
Ken Salazar, Attorney General, James F. Carr, Senior Assistant Attorney General, Business and Licensing Section, Denver, Colorado, Attorneys for Respondent Colorado Division of Insurance and William J. Kirven, III, Commissioner of Insurance.
Cantilo & Bennnett, LLP, Patrick Cantilo, Austin, Texas, Also Attorney for Respondent Colorado Division of Insurance and William J. Kirven III, Commissioner of Insurance.
Baker & Hostetler LLP, Mark D. Flink, Alfred C. Chidister, Denver, Colorado, Attorneys for Respondent Caring for Colorado Foundation.
Sherman & Howard LLC, Frederick Y. Yu, Writer Mott, Denver, Colorado, Attorneys for Respondents Rocky Mountain Hospital & Medical Service, Inc., d/b/a Anthem Blue Cross Blue Shield of Colorado, a continuation of Rocky Mountain Hospital and Medical Service, d/b/a Blue Cross Blue Shield of Colorado, Anthem Insurance Companies, Inc., and Anthem West, Inc.
Isaacson, Rosenbaum, Woods & Levy PC, Edward T. Ramey, Denver, Colorado, Attorneys for Amicus Curiae Colorado Lawyers Committee.
Supreme Court of Colorado, En Banc.
Justice MARTINEZ delivered the Opinion of the Court.
Today we decide whether the Commissioner of Insurance has incidental and implied authority to award attorneys' fees from a common fund when presiding over a quasi-adjudicatory, equitable conversion proceeding if the attorneys' representation of the public interest was necessary to the Commissioner's performance of his express statutory duties, and if no legislation prohibits...
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