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PEREZ v. BLUE CROSS BLUE SHIELD OF TEXAS

No. 03-03-00183-CV.

127 S.W.3d 826 (2003)

Brandon PEREZ, by and through his next friend, Debra PEREZ, Individually and on behalf of similarly situated individuals, Appellant, v. BLUE CROSS BLUE SHIELD OF TEXAS, INCORPORATED, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled March 4, 2004.

Attorney(s) appearing for the Case

Garth A. Corbett, James H. Keahey, Austin, for appellant.

Michael S. Hull, Andrew F. MacRae, Hull, Hendricks & MacRae, L.L.P., Austin, for appellee.

Before Chief Justice LAW, Justices B.A. SMITH and JAN P. PATTERSON.

OPINION

JAN P. PATTERSON, Justice.

In this insurance case, we must decide whether articles 21.21-6 and 21.21-8 of the insurance code allow a cause of action for denial of health insurance coverage to an individual with Down Syndrome. Appellant Brandon Perez, by and through his next friend, Debra Perez, individually and on behalf of similarly situated individuals, appeals the district court's grant of summary

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