ARKANSAS BLUE CROSS & BLUE SHIELD v. FUDGE

No. CA 83-279.

669 S.W.2d 914 (1984)

12 Ark.App. 11

ARKANSAS BLUE CROSS AND BLUE SHIELD, INC., Appellant, v. James L. FUDGE, Appellee.

Court of Appeals of Arkansas.

June 6, 1984.


Attorney(s) appearing for the Case

Arkansas Blue Cross and Blue Shield, Little Rock, Jim Patton, Staff Atty., for appellant.

John A. Crain, Mountain Home, for appellee.


CORBIN, Judge.

This action was brought by appellee, James L. Fudge, against appellant, Arkansas Blue Cross and Blue Shield, Inc., for the cost of a tonsillectomy performed on appellee. Appellant refused payment on the premise that the hospitalization and surgery were caused by a condition which preexisted the effective date of coverage to appellee under a group health insurance policy issued by appellant. The trial court sitting as a fact finder awarded judgment to...

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