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RASBERRY v. BLUE CROSS & BLUE SHIELD OF MISS.

No. 2001-CA-01282-COA.

850 So.2d 1194 (2002)

Vivian RASBERRY and Eric Scott Pope, Appellants, v. BLUE CROSS & BLUE SHIELD OF MISSISSIPPI, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied January 14, 2003.

Attorney(s) appearing for the Case

Michael S. Allred, Jackson, Matthew A. Taylor, attorneys for appellants.

Cheri D. Green, Cynthia Lynn Street, Jackson, attorneys for appellee.

EN BANC.

SOUTHWICK, P.J., for the court.

¶ 1. Summary judgment was granted in favor of Blue Cross and Blue Shield on a claim of bad faith delay in payment of benefits. The plaintiffs appeal arguing that there were disputes of material fact regarding bad faith. In addition, it is argued that the issue on which summary judgment was granted was not properly before the court. We reject both arguments and affirm.

FACTS

¶ 2. Eric Scott Pope was injured...

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