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MEDINA v. CONSECO ANNUITY ASSUR. CO.

No. 04CA0164.

121 P.3d 345 (2005)

Jose MEDINA, Plaintiff-Appellant, v. CONSECO ANNUITY ASSURANCE COMPANY, Conseco Life Insurance Company, Bankers National Insurance Company, and Bankers Life and Casualty Company, Defendants-Appellees.

Colorado Court of Appeals, Division III.

August 25, 2005.

Attorney(s) appearing for the Case

Bloom, Murr & Accomazzo, P.C., James E. Gigax, Denver, Colorado, for Plaintiff-Appellant.

Holland & Hart, LLP, Todd W. Miller, Parker W. Dragovich, Greenwood Village, Colorado; Dewey Ballantine, LLP, Adam J. Kaiser, New York, New York, for Defendants-Appellees.

TAUBMAN, J.

In this class action involving claims for breach of contract and declaratory judgment against defendants, Conseco Annuity Assurance Company, Conseco Life Insurance Company, Bankers National Insurance Company, and Bankers Life and Casualty Company, (Conseco), plaintiff, Jose Medina, appeals the trial court's order denying class certification. We affirm.

I. Background

In 1979, Medina purchased a disability insurance policy from Vulcan Life...

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