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CROSSE v. BCBSD, INC.

No. 10,2003.

836 A.2d 492 (2003)

Kester CROSSE, individually and on behalf of all others similarly situated, Plaintiffs Below, Appellants, v. BCBSD, INC., Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: September 22, 2003.

Reargument Denied November 13, 2003.

Attorney(s) appearing for the Case

John M. Murray, of the Law Office of John M. Murray, Nassau, DE; Eugene H. Bayard, of Wilson, Halbrook & Bayard, Georgetown, DE; J. Brendan O'Neill, of the Law Office of Brendan O'Neill, Wilmington, DE, for Appellants.

Thomas P. Preston, and John G. Harris, of Blank Rome, L.L.P., Wilmington, DE, for Appellee.

Before VEASEY, Chief Justice, HOLLAND and STEELE, Justices.

VEASEY, Chief Justice:

In this appeal, we consider for the first time whether a non-profit health insurance company owes fiduciary duties to its plan participants.1 Like other typical insurance contracts, no fiduciary duty exists because the interests of the plan participants and the insurer are not perfectly aligned. The relationship between the insurer...

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