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People v. Home Insurance Co.

Colorado Supreme Court, En Banc
591 P.2d 1036 (1979)


Facts

Home Insurance Company (Home Insurance) (defendant) hired an injury claims investigative service to obtain medical information reports on two individuals who had filed claims. The investigator called the hospital and was able to obtain a verbatim reading of the two medical reports which he then later transcribed and sent to Home Insurance. The actual medical records never left the hospital file room. Home Insurance was charged with theft under Colorado statute § 18-4-401(1)(a). The trial court dismissed the charges at the close of the prosecution’s case and the prosecution appealed.

Rule of Law

Issue

Holding and Reasoning (Lee, J.)

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