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O'ROURKE v. ACCESS HEALTH, INC.

No. 1-94-0079.

668 N.E.2d 214 (1996)

282 Ill. App.3d 394

218 Ill.Dec. 51

Vivian O'ROURKE, Plaintiff-Appellant, v. ACCESS HEALTH, INC., Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

July 5, 1996.

Attorney(s) appearing for the Case

Joseph Rago, John R. Wienold & Associates, Ltd., Aurora, for Appellant.

Law Offices of Theodore M. Becker, P.C., Chicago (Daniel S. Kaplan, of counsel), for Appellee.

Justice HOURIHANE delivered the opinion of the court:

Plaintiff, Vivian O'Rourke (Mrs. O'Rourke), a breast cancer patient, sued her insurer, Access Health, Inc. (Access), for refusing to pay the costs associated with a bone marrow transplant prescribed by her physician, but determined by Access to be "experimental" and thus not a plan benefit. Plaintiff appeals the trial court's dismissal with prejudice of her complaint, pursuant to section 2-619 of the Code of Civil...

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