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HOWARD v. BLUE CROSS OF IDAHO HEALTH S.

No. 16370.

757 P.2d 1204 (1987)

114 Idaho 485

Dan HOWARD and Stephanie Howard, husband and wife, Plaintiffs-Respondents, v. BLUE CROSS OF IDAHO HEALTH SERVICE, INC., an Idaho corporation, Defendant-Appellant.

Court of Appeals of Idaho.

Addendum on Petition for Rehearing June 13, 1988.

Petitions for Review Denied September 30, 1988.

Attorney(s) appearing for the Case

Jeffrey A. Strother of Moffatt, Thomas, Barrett & Blanton, Boise, for defendant-appellant.

John C. Hohnhorst and D. Brent Martens of Hepworth, Nungester & Felton of Twin Falls and Buhl, for plaintiffs-respondents.

SWANSTROM, Judge.

Dan and Stephanie Howard filed suit against Blue Cross of Idaho Health Service, Inc., to recover benefits allegedly due under their contract, for medical services furnished to their newborn son. Blue Cross denied liability based in part on the Howards' failure to enroll their son as required by the contract. A magistrate awarded judgment to the Howards with interest, costs and attorney fees. Blue Cross appealed to the district court where the magistrate...

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