McCOY v. BLUE CROSS AND BLUE SHIELD OF UTAH

No. 990692.

20 P.3d 901 (2001)

2001 UT 31

Gerald McCOY, individually and as personal representative of the Estate of Frieda McCoy, Plaintiff and Respondent, v. BLUE CROSS AND BLUE SHIELD OF UTAH, a Utah Corporation, Defendant and Petitioner.

Supreme Court of Utah.

March 30, 2001.


Attorney(s) appearing for the Case

David R. Olsen, Paul M. Simmons, Jeffrey D. Eisenberg, Salt Lake City, for plaintiff.

Timothy C. Houpt, Andrew H. Stone, Marci Batty, Salt Lake City, for defendant.


ON CERTIORARI TO THE UTAH COURT OF APPEALS

DURRANT, Justice:

¶ 1 Blue Cross and Blue Shield of Utah (hereinafter "Blue Cross") petitions this court to reverse the court of appeals' decision affirming the trial court's denial of Blue Cross's motion to compel arbitration. Blue Cross mailed amendments that included a mandatory arbitration provision to its health insurance policyholders. Gerald McCoy, a Blue Cross policyholder, requested payment for alternative...

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