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TULIO v. ARK. BLUE CROSS & BLUE SHIELD, INC.

No. 84-138.

675 S.W.2d 369 (1984)

283 Ark. 278

Roberto A. TULIO and Erminda L. Tulio, Appellants, v. ARKANSAS BLUE CROSS AND BLUE SHIELD, INC., Appellee.

Supreme Court of Arkansas.

September 24, 1984.

Attorney(s) appearing for the Case

Huckabay, Munson, Rowlett & Tilley, P.A., and Laser, Sharp & Mayes, P.A., Little Rock, for appellants.

Wright, Lindsey & Jennings, Little Rock, for appellee.

GEORGE ROSE SMITH, Justice.

This is an action by the appellants, husband and wife, against Arkansas Blue Cross & Blue Shield to recover damages partly for breach of contract and partly for the tort of outrage. In response to a motion by Blue Cross the trial judge entered a partial summary judgment dismissing the complaint as to all tort claims, on the ground that Blue Cross is a benevolent non-profit corporation that is immune from tort liability. Blue Cross has...

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