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BLANCHARD v. KAISER FOUNDATION HEALTH PLAN

901207984; CA A71314.

844 P.2d 248 (1992)

117 Or. App. 377

JOHN BLANCHARD, By and Through his guardian ad litem, Donald BLANCHARD, Respondent, v. KAISER FOUNDATION HEALTH PLAN OF THE NORTHWEST, an Oregon non-profit corporation, Appellant.

Court of Appeals of Oregon.

Decided December 30, 1992.

Reconsideration Denied March 24, 1993.

Attorney(s) appearing for the Case

I. Franklin Hunsaker, Portland, argued the cause for appellant. With him on the brief were Chrys A. Martin, Lisa E. Lear and Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland.

Kevin Keaney, Portland, argued the cause for respondent. With him on the brief were Dolores Empey and Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland.

Before JOSEPH, C.J., and DEITS and DURHAM, JJ.

JOSEPH, Chief Judge.

Plaintiff,1 who is covered by defendant's group medical plan, brought this declaratory judgment action, contending that defendant's denial of coverage for a procedure violated ORS 743.706. Both parties moved for summary judgment. The trial court granted plaintiff's motion and denied defendant's. Defendant appeals and assigns error to both rulings. We reverse.

Plaintiff has partial anodontia, which is a congenital...

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