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BRODINE v. BLUE CROSS BLUE SHIELD OF NE

No. S-05-712.

724 N.W.2d 321 (2006)

272 Neb. 713

Angela BRODINE, Appellant v. BLUE CROSS BLUE SHIELD OF NEBRASKA, Appellee.

Supreme Court of Nebraska.

December 8, 2006.

Attorney(s) appearing for the Case

Phillip G. Wright, of Wright & Associates, Omaha, for appellant.

John F. Thomas, of McGrath, North, Mullin & Kratz, P.C., L.L.O., Omaha, for appellee.

WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

WRIGHT, J.

NATURE OF CASE

The plaintiff sued her health insurance provider for benefits the provider had denied. The district court sustained the defendant's summary judgment motion and dismissed the plaintiff's action as time barred due to the running of a 3-year limitations period in the contract. The plaintiff appealed.

SCOPE OF REVIEW

Summary judgment is proper when the pleadings and evidence admitted at the hearing disclose that there...

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