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NAHOM v. BLUE CROSS & BLUE SHIELD OF AZ

Nos. 1 CA-CV 92-0495, 1 CA-CV 93-0018.

180 Ariz. 548 (1994)

885 P.2d 1113

Herzel NAHOM, a widower, Plaintiff-Appellee, v. BLUE CROSS AND BLUE SHIELD OF ARIZONA, INC., an Arizona corporation, Defendant-Appellee. Herzel NAHOM, a widower, Plaintiff-Appellee, v. SCOTTSDALE MEMORIAL HOSPITAL, an Arizona corporation, Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department D.

November 22, 1994.

Attorney(s) appearing for the Case

Arnett & Arnett by Wayne C. Arnett and Mark W. Arnett, Tempe, for Herzel Nahom.

Jones, Skelton & Hochuli by Donald L. Myles, Jr. and Daniel P. Struck, Phoenix, for Blue Cross and Blue Shield.

Mitten, Goodwin & Raup by Roger C. Mitten, Donald F. Froeb and Richard M. Davis, Phoenix, for Scottsdale Memorial Hosp.

OPINION

GERBER, Judge.

In these consolidated appeals, we must determine whether a hospital which has contracted with a patient's insurer to accept a fixed amount is entitled to additional payments from the patient's other insurance. We concur in the trial court's determination that Appellant Herzel Nahom ("Nahom") was a third-party beneficiary of the contract between Scottsdale Memorial Hospital ("Scottsdale Memorial") and Blue Cross and Blue Shield of Arizona...

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