WORMACK v. SOUTHEASTERN MUT. INS. CO.

No. 94-CA-989-MR.

907 S.W.2d 163 (1995)

Cassandra WORMACK, Appellant, v. SOUTHEASTERN MUTUAL INSURANCE COMPANY, d/b/a Blue Cross and Blue Shield of Kentucky, Inc., Appellee.

Court of Appeals of Kentucky.

Rehearing Denied October 6, 1995.


Attorney(s) appearing for the Case

Roy Kimberly Snell, Croley, Moore & Snell, LaGrange, for appellant.

John J. McLaughlin, Brent P. Smith, Alagia, Day & Smith, Louisville, for appellee.

Before COMBS, MILLER and WILHOIT, JJ.


OPINION REVERSING AND REMANDING

WILHOIT, Judge.

This appeal is from an order dismissing the appellant's complaint which sought damages relating to the appellee's failure to pay insurance benefits for a surgical procedure performed on the appellant. The basis for the dismissal was that the complaint failed to state a claim upon which relief might be granted. The premise for that ruling appears to have been that federal law has preempted this state...

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