ROSEN-NOVAK AUTO CO. v. HONZ

No. 85-1142.

783 F.2d 739 (1986)

ROSEN-NOVAK AUTO CO., d/b/a Rosen-Novak Chevrolet, Appellee, v. Edward A. HONZ, Intervenor, Appellee. Appeal of BLUE CROSS/BLUE SHIELD OF NEBRASKA, a Nebraska Corporation, NOVAK CADILLAC, INC., f/k/a Ben Realty Company; Edward A. Honz, Intervenor, Appellee, v. BLUE CROSS/BLUE SHIELD OF NEBRASKA, a Nebraska Corporation, Appellant. In re NOVAK VOLKSWAGEN, INC., Debtor. NOVAK VOLKSWAGEN, INC., Plaintiff, Appellee, v. Edward A. HONZ, Intervenor, Appellee. Appeal of BLUE CROSS/BLUE SHIELD OF NEBRASKA, a Nebraska Corporation. Edward A. HONZ, Appellee, v. ROSEN-NOVAK AUTO CO., Blue Cross/Blue Shield of Nebraska, a Nebraska Corporation, Appellant. ROSEN-NOVAK CHEVROLET and Edward A. Honz, Intervenor, Appellees, v. BLUE CROSS/BLUE SHIELD OF NEBRASKA, a Nebraska Corporation, Appellant. Edward A. HONZ, Appellee, v. NOVAK CADILLAC, INC., Blue Cross/Blue Shield of Nebraska, a Nebraska Corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 12, 1986.


Attorney(s) appearing for the Case

John F. Thomas, Omaha, Neb., for appellant.

Michael A. Nelsen, Omaha, Neb., for appellee.

Before LAY, Chief Judge, FAGG, Circuit Judge, and ROSENBAUM, District Judge.


LAY, Chief Judge.

Three related employers, known here collectively as Rosen-Novak, are debtors in pending voluntary reorganization proceedings under Chapter 11. Blue Cross/Blue Shield of Nebraska (Blue Cross) provided group health coverage for Rosen-Novak employees. On October 8, 1982, Blue Cross sent Rosen-Novak a letter stating that Blue Cross had cancelled Rosen-Novak's policy effective August 31, 1982, for failure to timely pay the monthly premiums within the...

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