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NITSCHKE v. BLUE CROSS OF MONTANA

No. 86-517

751 P.2d 175 (1988)

John E. NITSCHKE and Susan M. Nitschke, husband and wife, Plaintiffs and Appellants, v. BLUE CROSS OF MONTANA, Defendant and Respondent.

Supreme Court of Montana.

Decided March 11, 1988.

Attorney(s) appearing for the Case

Herndon, Harper & Munro, James G. Edmiston (argued), Billings, for plaintiffs and appellants.

Church, Harris, Johnson & Williams, Don A. LaBar (argued), Great Falls, for defendant and respondent.

Dwight G. Rabuse (argued), Office of Personnel Management, Dept. of Justice, Washington, D.C., for amicus curiae.

McDONOUGH, Justice.

Jack Nitschke was a federal employee insured by Blue Cross under the Federal Employees Health Benefits Act (FEHBA). The Nitschkes sued Blue Cross based upon a denial of benefits. The District Court of the Thirteenth Judicial District, in and for the County of Yellowstone, granted defendant's motion to strike counts II and IV of plaintiffs' complaint. The motion to strike was denied for counts I and III for breach of contract and breach of the implied...

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