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SCHOFFMAN v. BLUE CROSS AND BLUE SHIELD

No. C1-96-1432.

557 N.W.2d 625 (1997)

Abigail SCHOFFMAN, a Minor, by Michael SCHOFFMAN and Lynn Van Ort, her parents and natural guardians, Appellants, v. BLUE CROSS AND BLUE SHIELD OF MINNESOTA, a non-profit corporation, Respondent.

Court of Appeals of Minnesota.

January 21, 1997.

Attorney(s) appearing for the Case

James S. Ballentine, David J. Moskal, Schwebel, Goetz, Sieben & Moskal, P.A., Minneapolis, for Appellants.

Anne L. Johnson, Blue Cross and Blue Shield of Minnesota, St. Paul, for Respondent.

Considered and decided by SHORT, P.J., and DAVIES and THOMAS G. FORSBERG, JJ.

OPINION

DAVIES, Judge.

In this appeal from a summary judgment, appellant insureds argue that a minor's claim should not be barred despite failure of both the parents and the minor child to give respondent insurer notice of the claim. Appellants also argue that failure to give the insurer notice of child's action against a third party caused the insurer no prejudice and should not defeat the claim. We affirm.

FACTS

Appellants Abigail Schoffman...

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