CARY v. UNITED OF OMAHA LIFE INS. CO.

No. 04SC13.

108 P.3d 288 (2005)

Thomas A. CARY and Beth Hanna, individually and on behalf of their minor daughter, Dena Cary, Petitioners, v. UNITED OF OMAHA LIFE INSURANCE COMPANY, Respondent.

Supreme Court of Colorado, En Banc.

February 28, 2005.


Attorney(s) appearing for the Case

Wilcox & Ogden, P.C., Ralph Ogden, M. Anne Wilcox, Denver, for Petitioners.

Kutak Rock, LLP, Gerard V. Reardon, Amy E. Arlander, Denver, for Respondent.


RICE, Justice.

Petitioner, Thomas Cary, individually and on behalf of his minor daughter, Dena Cary, appeals a judgment of the court of appeals holding that the Arvada Medical and Disability Health Care Plan unambiguously excludes Dena's injuries from coverage.

We hold that the Plan is ambiguous because it is susceptible to more than one reasonable interpretation. Therefore, we reverse the court of appeals' holding and remand with instructions to return the...

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