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

No. 4D01-4523.

843 So.2d 909 (2003)

Ned SCHUSTER and Suzanne Schuster, Appellants, v. BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC., a corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 16, 2003.

Attorney(s) appearing for the Case

Jeffrey M. Liggio and Jene P. Williams of Liggio, Benrubi & Williams, P.A., West Palm Beach, and Richard A. Barnett of Richard A. Barnett, P.A., Hollywood, for appellants.

Nancy W. Gregoire and W. Edward McIntyre of Bunnell, Woulfe, Kirschbaum, Keller, McIntyre & Gregoire, P.A., Fort Lauderdale, for appellee.

STEVENSON, J.

The instant appeal arises from a dispute between the Schusters and Blue Cross and Blue Shield of Florida, Inc. (BCBSF) under a health insurance policy. Following a bench trial, the trial court entered final judgment in favor of the insurer, finding that the insureds simply could not prevail as they had assigned their right to benefits to the health care providers and, consequently, had sustained no damages. We affirm.

In 1997, Suzanne Schuster...

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