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BLUE CROSS BLUE SHIELD OF TEXAS v. DUENEZ

No. 05-0521.

201 S.W.3d 674 (2006)

BLUE CROSS BLUE SHIELD OF TEXAS and Health Care Service Corporation, a Mutual Legal Reserve Company, Petitioners, v. Xavier DUENEZ and Wife, Irene Duenez, Individually and as Next Friends of Ashley Duenez, a Minor, Respondents.

Supreme Court of Texas.

August 31, 2006.

Attorney(s) appearing for the Case

Michael S. Hull, Andrew F. MacRae, Will G. Barber, Hull Hendricks & MacRae, L.L.P., Austin, for petitioners.

David C. Griffin, John W. Griffin Jr., Houston, Marek & Griffin, Victoria, Cynthia T. Sheppard, Cuero, for respondents.

Jefferson (Jim) E. Boyt, Austin, for amicus curiae.

PER CURIAM.

Xavier Duenez was a state employee who was insured — through the Employee Retirement System of Texas (ERS) — by Blue Cross Blue Shield of Texas.1 When his daughter was seriously injured in an automobile accident, Duenez sought benefits from BCBS. Initially, BCBS certified that his daughter's private nursing care was covered, but later informed him that it planned to discontinue the coverage. In response, Xavier...

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