HERBERT HUGHLEY, personal representative, in substitution for JANET HUGHLEY, Petitioner, v. ROCKY MOUNTAIN HEALTH MAINTENANCE ORGANIZATION, INCORPORATED, a Colorado nonprofit corporation, Respondent., 927 P.2d 1325

Summary

After a health insurer refused to pre-authorize medical treatment request, the insured filed an application for a temporary restraining order claiming that immediate and irreparable injury to her health would occur unless the status quo was preserved. The court of appeals vacated the trial court's injunction and stayed all proceedings pending completion of arbitration. After the insured's death, her husband was substituted as the personal representative. On certiorari, the representative argued that the trial court had jurisdiction to grant the injunction. The court reversed and remanded the judgment because injunctive relief was warranted to prevent issues that were properly resolved by arbitration from becoming moot where it was necessary to preserve the status quo. The court found that (1) the order was a status quo injunction because it did not presume that the health insurer was obligated to cover the treatment, (2) arbitration proceedings had not been initiated, (3) the ...