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JACOB v. BLUE CROSS AND BLUE SHIELD

85-0557; CA A43950.

758 P.2d 382 (1988)

92 Or.App. 259

Reed B. JACOB and San D. Jacob, a Minor, by and through His Guardian Ad Litem, Margaret C. Jacob, Appellants, v. BLUE CROSS AND BLUE SHIELD OF OREGON, an Oregon Corporation, Dba Northwest Hospital Services, Which Does Business under the Assumed Name and Style of Blue Cross of Oregon, Respondent.

Court of Appeals of Oregon.

Decided July 27, 1988.

Attorney(s) appearing for the Case

Thomas S. Boothe, Portland, argued the cause for appellants. On the appellants' brief were Ferris F. Boothe, and Boothe & Powers, Portland. On the appellants' reply brief was Thomas S. Boothe.

I. Franklin Hunsaker, III, Portland, argued the cause for respondent. With him on the brief were Jack L. Hoffman, Chrys A. Martin, and Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland.

Before RICHARDSON, P.J., and JOSEPH, C.J., and DEITS, J.

DEITS, Judge.

Plaintiffs appeal a summary judgment for Blue Cross and Blue Shield of Oregon (Blue Cross) in this action for breach of a health insurance contract. The trial court granted the judgment on the bases that there are no genuine issues of material fact and that, as a matter of law, the claimed treatment and related expenses are not covered under the insurance contract. We affirm.

Plaintiff father had a health insurance contract with Blue Cross. His...

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