McQUAY v. ARKANSAS BLUE CROSS & BLUE SHIELD

No. CA 02-618.

98 S.W.3d 454 (2003)

Randy Lee McQUAY, Personal Representative of the Estate of Aubrey McQuay, Deceased v. ARKANSAS BLUE CROSS AND BLUE SHIELD and HealthCare Insurance of Arkansas, Inc.

Court of Appeals of Arkansas, Division III.

February 26, 2003.


Attorney(s) appearing for the Case

Branch, Thompson, Philhours, Warmath & Hitt, by: Robert F. Thompson III, Paragould, for appellant.

Orr, Scholtens, Willhite & Averitt, PLC, by: Chris A. Averitt and Jay Scholtens, Jonesboro, for appellee Arkansas Blue Cross & Blue Shield.

Womack, Landis, Phelps, McNeill & McDaniel, by: J.V. Phelps and Pamela A. Haun, Jonesboro, for appellee HealthCare Insurance of Arkansas, Inc.


JOHN MAUZY PITTMAN, Judge.

In this case, an insurer, appellee Arkansas Blue Cross and Blue Shield ("BCBS"), rescinded a health policy issued to appellant's late father, Aubrey McQuay. After appellant sued BCBS for breach of contract, BCBS filed a motion for summary judgment, which was granted by the trial court. Appellant contends on appeal that the trial court erred in granting summary judgment because genuine issues of...

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