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McDANIEL v. BLUE CROSS BLUE SHIELD

No. 74151.

990 S.W.2d 72 (1999)

Judith A. McDANIEL, Appellant, v. BLUE CROSS BLUE SHIELD OF MISSOURI, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied April 6, 1999.

Application to Transfer Denied June 1, 1999.

Attorney(s) appearing for the Case

James C. Brandenburg, James E. Lownsdale, Brandenburg & Lownsdale, St. Louis, for appellant.

Elkin L. Kistner, Schlueter & Byrne, P.C., St. Louis, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 6, 1999.

GARY M. GAERTNER, Judge.

Appellant, Judith A. McDaniel ("plaintiff"), appeals the summary judgment entered by the Circuit Court of the City of St. Louis in favor of respondent, Blue Cross Blue Shield of Missouri ("Blue Cross"), on plaintiff's claim of breach of contract and vexatious refusal to pay benefits under a policy of health insurance. We reverse and remand.

Plaintiff...

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