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HOWARD v. BLUE CROSS BLUE SHIELD

No. S-89-1452.

494 N.W.2d 99 (1993)

242 Neb. 150

Lloyd HOWARD and Joy Howard, as Mother and next friend of Kathryn Howard, Appellants, v. BLUE CROSS BLUE SHIELD OF NEBRASKA, Appellee.

Supreme Court of Nebraska.

January 8, 1993.

Attorney(s) appearing for the Case

Robert W. Mullin, of Van Steenberg, Chaloupka, Mullin, Holyoke, Pahlke, Smith, Snyder & Hofmeister, P.C., Scottsbluff, for appellants.

John F. Thomas and Geoffrey V. Pohl, of McGrath, North, Mullin & Kratz, P.C., Omaha, and James W. Ellison, of Holtorf, Kovarik, Nuttleman, Ellison, Mathis & Javoronok, P.C., Gering, for appellee.

Donald F. Evans and Lyman L. Larsen, of Kennedy, Holland, DeLacy & Svoboda, Omaha, for amicus curiae Health Ins. Ass'n of America.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

HASTINGS, Chief Justice.

Appellants, Lloyd Howard, an employee of the city of Kimball since 1973, and his wife, Joy, as mother and next friend of their daughter, Kathryn Howard, brought this action on September 18, 1989, against Blue Cross Blue Shield of Nebraska (BCBS). The amended petition for declaratory judgment alleges Lloyd Howard's employment, the issuance by defendant of its group sickness and health policy to the city of Kimball, and the birth on May 24,...

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