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CARY v. UNITED OF OMAHA LIFE INS. CO.

Nos. 01SC708, 01SC834.

68 P.3d 462 (2003)

Thomas A. CARY and Beth Hanna, individually and on behalf of his minor daughter, Dena Cary, Petitioners, v. UNITED OF OMAHA LIFE INSURANCE COMPANY and Mutual of Omaha of Colorado, Inc., d/b/a Antero Health Plans, Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing May 19, 2003.

Attorney(s) appearing for the Case

Wilcox & Ogden, P.C., Ralph Ogden, Denver, Colorado, Attorneys for Petitioners.

Kutak Rock LLP, Gerard V. Reardon, Melvin B. Sabey, Denver, Colorado, Attorneys for Respondent United of Omaha Life Insurance Company.

Kennedy & Christopher P.C., John R. Mann, Christopher K. Miller, Denver, Colorado, Attorneys for Respondent Mutual of Omaha of Colorado, Inc., d/b/a Antero Health Plans.

Justice HOBBS delivered the Opinion of the Court.

We granted certiorari in this case1 to review the court of appeals' decision in Cary v. United of Omaha Life Ins. Co., 43 P.3d 655 (Colo.App.2001).2 The court of appeals upheld the trial court's ruling on summary judgment. The court of appeals held that third-party insurance administrators hired by a city to run its health...

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