NOACK v. BLUE CROSS AND BLUE SHIELD OF FLA., INC.

No. 1D02-3176.

859 So.2d 608 (2003)

Lynne NOACK, Harry Noack, and Noack and Associates Insurance and Financial Services, Inc., Appellants, v. BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC., Florida Combined Life Insurance Company, Inc., Florida Combined Agency, Inc., Health Options, Inc., Affiliated Insurance of Pensacola, Inc., and Mark Tubbs, Appellees.

District Court of Appeal of Florida, First District.

November 26, 2003.


Attorney(s) appearing for the Case

Michael J. Pugh of Levin, Tannenbaum, Wolff, Band, Gates & Pugh, P.L., Sarasota, for Appellants.

Donald H. Partington of Clark, Partington, Hart, Larry, Bond, Stackhouse & Stone, Pensacola; Nancy W. Gregoire and W. Edward McIntyre of Bunnell, Woulfe, Kirschbaum, Keller, McIntyre & Gregoire, P.A., Ft. Lauderdale, for Appellees Blue Cross and Blue Shield of Florida, Inc., Florida Combined Life Insurance Company, Inc., and Health Options, Inc.


ALLEN, J.

The appellants challenge a summary final judgment entered in their civil action on claims for fraud in the inducement, reformation of a written agreement, and antitrust violations. Because the undisputed material facts do not negate the possibility of relief on the theories of fraud or reformation, the summary judgment should not have been entered as to those claims.

The appellants sought recovery upon a complaint asserting numerous claims pertaining...

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