BLUE CROSS & BLUE SHIELD OF KANSAS, INC. v. PRAEGER

No. 89,075.

276 Kan. 232 (2003)

75 P.3d 226

BLUE CROSS AND BLUE SHIELD OF KANSAS, INC., Appellee/Cross-Appellant, v. SANDY PRAEGER in her official capacity as Commissioner of Insurance for the State of Kansas, Appellant/Cross-Appellee, and ANTHEM INSURANCE COMPANIES, INC., Appellee/Cross-Appellant, v. SANDY PRAEGER in her official capacity as Commissioner of Insurance for the State of Kansas, Appellant/Cross-Appellee.

Supreme Court of Kansas.

Opinion filed August 6, 2003.


Attorney(s) appearing for the Case

Dan Biles, of Gates, Biles, Shields & Ryan, P.A., of Overland Park, Kansas, argued the cause, and Brent Getty, of Kansas Insurance Department, was on the briefs for appellant/cross-appellee Commissioner of Insurance for the State of Kansas.

Gary D. McCallister, of Gary D. McCallister & Associates, Ltd., of Chicago, Illinois, argued the cause, and Eric I. Unrein, of Davis, Unrein, McCallister, Biggs & Head, L.L.P., of Topeka, William H. Pitsenberger, general counsel, of Blue Cross and Blue Shield of Kansas, Inc., of Topeka, Sidney A. Shapiro, of Lawrence, and James C. Scoville and Carl Micarelli, of Debevoise & Plimpton, of New York, New York, were with him on the briefs for appellee/cross-appellant Blue Cross and Blue Shield of Kansas, Inc.

Kevin M. Fowler, of Frieden, Haynes & Forbes, argued the cause, and Randall J. Forbes and John C. Frieden, of the same firm, were with him on the briefs for appellee/cross-appellant Anthem Insurance Companies, Inc.

Ross S. Myers, of Kansas City, Missouri, was on the brief for amicus curiae National Association of Insurance Commissioners.

Dawn Touzin, of Boston, Massachusetts, was on the brief for amicus curiae Community Catalyst, Inc.

Douglas Laird, and William W. Sneed, of Polsinelli, Shalton, & Welte, P.C., of Topeka, were on the brief for amicus curiae Kansas Medical Society.

Charles R. Hay and Steve A. Schwarm, of Goodell, Stratton, Edmonds & Palmer, L.L.P., of Topeka, were on the brief for amicus curiae Kansas Hospital Association.


Per Curiam:

These appeals arise out of proceedings wherein Kathleen Sebelius, Kansas Commissioner of Insurance, denied the request by Anthem Insurance Companies, Inc. (Anthem), to acquire health insurance company Blue Cross and Blue Shield of Kansas, Inc. (BCBSKS). Anthem and BCBSKS then filed petitions for judicial review with the Shawnee County District Court based on five different reasons under K.S.A. 77-621 of...

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