HALE v. BLUE CROSS AND BLUE SHIELD

No. 92-CA-1118-MR.

862 S.W.2d 905 (1993)

James M. HALE, Appellant, v. BLUE CROSS AND BLUE SHIELD of KENTUCKY, INC., Appellee.

Court of Appeals of Kentucky.

October 8, 1993.


Attorney(s) appearing for the Case

William M. Butler, Jr., Louisville, for appellant.

John J. McLaughlin, III, Alagia, Day, Trautwein & Smith, Louisville, for appellee.

Before GARDNER, HOWERTON and McDONALD, JJ.


HOWERTON, Judge.

James M. Hale appeals from a summary judgment entered by the Jefferson Circuit Court in favor of Blue Cross and Blue Shield of Kentucky, Inc. (Blue Cross). Hale contends that there was a genuine issue precluding summary judgment with respect to whether he had received notice from Blue Cross of the denial of his claim. He further argues that the trial judge was bound by case law to find the limitation period of 12 months fixed by the policy provisions...

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