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DAVENPORT v. BLUE CROSS OF CALIFORNIA

Docket No. C022965.

52 Cal.App.4th 435 (1997)

DOROTHY H. DAVENPORT, Plaintiff and Respondent, v. BLUE CROSS OF CALIFORNIA, Defendant and Appellant.

Court of Appeals of California, Third District.

January 30, 1997.

Attorney(s) appearing for the Case

COUNSEL

James H. Fleming and Robert R. Pohls for Defendant and Appellant.

Leibovic & Tysch and Gary L. Tysch for Plaintiff and Respondent.

OPINION

SIMS, Acting P.J.

In this action alleging tortious breach of a health insurance contract, defendant Blue Cross of California (Blue Cross) appeals from an order granting a preliminary injunction in favor of plaintiff Dorothy H. Davenport, enjoining Blue Cross from refusing coverage for medical treatment for ovarian cancer pending arbitration. Blue Cross contends, among other things, that the Federal Arbitration Act (FAA) (9...

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