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McCOY v. BLUE CROSS AND BLUE SHIELD

No. 981246-CA.

980 P.2d 694 (1999)

1999 UT App 199

Gerald McCOY, individually and as personal representative of the estate of Frieda McCoy, deceased, Plaintiff and Appellee, v. BLUE CROSS AND BLUE SHIELD OF UTAH, a Utah corporation, Defendant and Appellant.

Court of Appeals of Utah.

June 17, 1999.

Attorney(s) appearing for the Case

Andrew H. Stone and James E. Magleby, Jones Waldo Holbrook & McDonough, Salt Lake City, for Appellant.

Paul M. Simmons, David R. Olsen, and Jeffrey D. Eisenberg, Dewsnup King & Olsen, Salt Lake City, for Appellee.

Before WILKINS, P.J., GREENWOOD, Associate P.J., and BENCH, J.

OPINION

WILKINS, Presiding Judge:

¶ 1 Defendant Blue Cross and Blue Shield of Utah (Blue Cross) appeals the trial court's order denying its motion to compel arbitration. We affirm.

BACKGROUND

¶ 2 In October 1985, Gerald McCoy purchased a health insurance policy known as the Qualifier I plan (the plan) from Blue Cross. Under the terms of the plan, Blue Cross reserved "the absolute right to modify or amend this [a]greement from...

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