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BLUE CROSS/BLUE SHIELD v. MIGNOLET

No. 85-989.

475 So.2d 965 (1985)

BLUE CROSS/BLUE SHIELD OF FLORIDA, INC., a Florida Corporation, Appellant, v. Jean MIGNOLET, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 11, 1985.

Attorney(s) appearing for the Case

Esler & Kirschbaum and Joel Kirschbaum, Fort Lauderdale, for appellant.

High, Stack, Lazenby, Palahach & Lacasa and G. Kirk Haas, Coral Gables, and Milton Ferrell, Miami, for appellee.

Before NESBITT, FERGUSON and JORGENSON, JJ.

NESBITT, Judge.

Blue Cross/Blue Shield of Florida, Inc. (Blue Cross) appeals a final summary judgment entered for Mignolet. We reverse.

Mignolet filed an application for medical insurance with Blue Cross on August 30, 1982. Blue Cross issued a contract of insurance with an effective date of October 23, 1982. On October 25, 1982, Mignolet sought medical treatment for a bunion and hammer toe deformity of both her feet. In November 1982, Mignolet entered a hospital...

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