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KOBOLD v. AETNA LIFE INS. CO.

No. 1 CA-CV 12-0315.

370 P.3d 128 (2016)

Matthew KOBOLD, Plaintiff/Counterdefendant/Appellee, v. AETNA LIFE INSURANCE COMPANY, Third-Party Defendant/Appellant.

Court of Appeals of Arizona, Division 1.

March 31, 2016.

Attorney(s) appearing for the Case

Neil S. Sundeen Attorney at Law, By Neil S. Sundeen , Scottsdale, Co-Counsel for Plaintiff/Counterdefendant/Appellee.

Knapp & Roberts, P.C., By David L. Abney , Co-Counsel for Plaintiff/Counterdefendant/Appellee.

Lewis Roca Rothgerber Christie LLP, By John C. West , Phoenix, Co-Counsel for Third-Party Defendant/Appellant.

Gibson, Dunn & Crutcher LLP, By Miguel A. Estrada , Jonathan C. Bond , Washington, D.C., Co-Counsel for Third-Party Defendant/Appellant.

United States Attorney's Office, By Robert L. Miskell , Henry Charles Whitaker , Tucson, Counsel for Amicus Curiae United States of America.

Judge PETER B. SWANN delivered the opinion of the court, in which Presiding Judge PATRICIA A. OROZCO and Judge KENT E. CATTANI joined.

OPINION

¶ 1 In Kobold v. Aetna Life Ins. Co., 233 Ariz. 100, 309 P.3d 924 (App.2013) ("Kobold I"), we held that 5 U.S.C. § 8902(m)(1) of the Federal Employee Health Benefits Act ("FEHBA") did not preempt Arizona law forbidding subrogation...

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