Legal Opinion
Cary v. United of Omaha Life Insurance Co.
Supreme Court of Colorado
Decided February 28, 2005No. 04SC13PublishedCited by 50 opinions
1Opinion of the Court
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 case to the trial court for proceedings consistent with this opinion.
*289I. Facts and Procedural History
Petitioner was an employee of the City…
2Cases cited6 opinions
- Cary v. United of Omaha Life Insurance Co.Supreme Court of Colorado · 2003
- Bigelow v. Berkshire Life InsuranceSupreme Court of the United States · 1876
- Union Insurance Co. v. HoutzSupreme Court of Colorado · 1994
- State Farm Mutual Automobile Insurance Co. v. SteinSupreme Court of Colorado · 1997
- American Family Mutual Insurance Co. v. JohnsonSupreme Court of Colorado · 1991
1 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Bailey v. Lincoln General Insurance Co.Supreme Court of Colorado · 2011
- Hoang v. Assurance Co. of AmericaSupreme Court of Colorado · 2007
- Berry & Murphy, P.C. v. Carolina Casualty InsuranceCourt of Appeals for the Tenth Circuit · 2009
- USAA Casualty Insurance Co. v. AnglumSupreme Court of Colorado · 2005
- Auto-Owners Insurance Co. v. Summit Park Townhome Ass'nDistrict Court, D. Colorado · 2015
45 more not listed; retrieve them via the Exa API.