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LA POLLO v. HOSPITAL SERVICE PLAN OF N.J.

220 N.J. Super. 243 (1987)

531 A.2d 1074

CHARLES J. LA POLLO AND CHARLES P. LA POLLO, PLAINTIFFS-RESPONDENTS, v. HOSPITAL SERVICE PLAN OF NEW JERSEY, A/K/A NEW JERSEY BLUE CROSS PLAN, A/K/A BLUE CROSS OF NEW JERSEY AND MEDICAL SURGICAL PLAN OF NEW JERSEY A/K/A NEW JERSEY BLUE SHIELD PLAN, A/K/A BLUE SHIELD OF NEW JERSEY, JOINTLY, SEVERALLY OR IN THE ALTERNATIVE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 5, 1987.

Attorney(s) appearing for the Case

Donald W. Kiel argued the cause for appellants (Pitney, Hardin, Kipp & Szuch, attorneys; Dennis R. LaFiura and Linda F. Walker, on the brief).

Philip L. Faccenda argued the cause for respondents.

Before Judges PRESSLER, BILDER and SKILLMAN.

The opinion of the court was delivered by PRESSLER, P.J.A.D.

The Blue Cross and Blue Shield hospital and medical-surgical contracts here involved exclude from coverage treatment rendered for an injury arising out of the course of employment for which benefits are "available" under the workers' compensation law. The sole issue raised by this action is whether, as a matter of contract interpretation, workers' compensation...

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