Chandler-McPhail v. Duffey

Opinion by

Judge LOEB.

In this medical malpractice action, plaintiff, Kathryn Chandler-MecPhail, appeals from the trial court's judgment awarding defendant, Dr. James Duffey, costs incurred in the defense of this action that resulted in a jury verdict in favor of Dr. Duffey. We reverse.

I. Background

Chandler-McPhail was insured by Kaiser Foundation Health Plan of Colorado (Kaiser), pursuant to a plan of health insurance purchased from Kaiser by Chandler-McPhail's employer. The health care coverage provided under the agreement between Chandler-MePhail's employer and Kaiser is described in an…