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WEATHERLY v. BLUE CROSS BLUE SHIELD INS.

No. A-92-238.

513 N.W.2d 347 (1994)

2 Neb.App. 669

Robert WEATHERLY, Appellant, v. BLUE CROSS BLUE SHIELD INSURANCE COMPANY, Appellee.

Court of Appeals of Nebraska.

March 15, 1994.

Attorney(s) appearing for the Case

James R. Welsh, Bradford, Coenen, Ashford & Welsh, Omaha, for appellant.

Thomas E. Johnson and Steven D. Davidson, Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, for appellee.

SIEVERS, C.J., and HANNON and MILLER-LERMAN, JJ.

HANNON, Judge.

While Michael Weatherly was alive, the defendant, Blue Cross Blue Shield Insurance Company, refused to pay the costs so that his testicular cancer condition could be treated by high doses of chemotherapy with bone marrow infusion. Robert Weatherly commenced an action as Michael's father and next friend to obtain a declaratory judgment against the defendant determining that the defendant was obligated to pay for the treatment. Michael died before the...

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