WEISS v. BLUE CROSS/BLUE SHIELD OF DELAWARE

BAP No. MW 96-057.

206 B.R. 622 (1997)

Steven WEISS, Chapter 7 Trustee, Appellant, v. BLUE CROSS/BLUE SHIELD OF DELAWARE, Appellee.

United States Bankruptcy Appellate Panel, First Circuit.

March 26, 1997.


Attorney(s) appearing for the Case

Mark H. Bluver, and Susan E. Zak, Shatz, Schwartz and Fentin, P.C., Springfield, MA, for Appellant.

Joseph H. Reinhardt, Hendel, Collins & Newton, P.C., Springfield, MA, for Appellee.

Before VOTOLATO, LAMOUTTE and HAINES, Bankruptcy Judges.


MEMORANDUM OF DECISION

HAINES, Bankruptcy Judge.

Steven Weiss, trustee of chapter 7 debtor Head Injury Recovery Center, Inc. (HIRC), appeals from the bankruptcy court's entry of summary judgment dismissing his claims against Blue Cross/Blue Shield of Delaware (Blue Cross). The bankruptcy court concluded that the claims were barred by the limitation provisions contained in the insurance policies under which Weiss sought payment. For the reasons set...

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