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MYERS v. ALLIANCE FOR AFFORDABLE SERVICES

No. CIV.04-B-396(CBS).

318 F.Supp.2d 1055 (2004)

Howard MYERS, individually and as father and next best friend of Ethan Myers and Lukas Myers, minors, Plaintiff, v. ALLIANCE FOR AFFORDABLE SERVICES a/k/a or d/b/a or separately Alliance for Affordable Health Care Association; Kenn Kochan a/k/a Kenneth Kochan; Mid-West National Life Insurance Company a/k/a or d/b/a or separately Mid-West National Life Insurance Company of Tennessee, Defendants.

United States District Court, D. Colorado.

May 20, 2004.

Attorney(s) appearing for the Case

Kirk Randall McCormick, McCormick & Murphy, P.C., Colorado Springs, CO, for Plaintiff.

Dwight M. Francis, Aimee Cook, Gardere, Wynne & Sewell, LLP, Dallas, TX, Eugene M. Sprague, Berenbaum, Weinshienk & Eason, P.C., James E. Gigax, Mark Forrest Bell, Bloom, Murr & Accomazzo, Denver, CO, for Defendants.

MEMORANDUM OPINION AND ORDER

BABCOCK, Chief Judge.

Plaintiffs Howard, Ethan, and Lukas Myers bring claims for negligence, breach of fiduciary duty, breach of contract, bad faith, and extreme and outrageous conduct based on a car accident that occurred after Plaintiffs applied for health insurance with Defendants Alliance for Affordable Services ("Alliance"), and Mid-west National Life Insurance Company ("Mid-west"). Defendants contend that they did not cover...

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