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FOBES v. BLUE CROSS AND BLUE SHIELD

No. 1 CA-CV 91-0159.

176 Ariz. 407 (1993)

861 P.2d 692

Margret FOBES, a widow, for and on Behalf of herself as Personal Representative of The Estate of Richard W. Fobes, Plaintiff-Appellant, Cross-Appellee, v. BLUE CROSS AND BLUE SHIELD OF ARIZONA, INC., an Arizona corporation, Defendant-Appellee, Cross-Appellant.

Court of Appeals of Arizona, Division 1, Department A.

Review Granted November 4, 1993.

Attorney(s) appearing for the Case

Arnett & Arnett by Wayne C. Arnett, Mark W. Arnett, Temple, for plaintiff-appellant, cross-appellee.

Law Offices of Neil Vincent Wake by Pamela L. Vining, Phoenix, for defendant-appellee, cross-appellant.

OPINION

KLEINSCHMIDT, Judge.

Margret Fobes sued Blue Cross and Blue Shield of Arizona for breach of contract, insurance bad faith and racketeering because Blue Cross refused to pay skilled nursing care benefits under a Medicare supplement policy issued to her husband, Richard Fobes. She appeals form an order granting Blue Cross's motion to dismiss those claims. Blue Cross cross-appeals from an order denying its request for attorney's fees pursuant...

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