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JAHNKE v. BLUE CROSS AND BLUE SHIELD

No. 111,769.

353 P.3d 455 (2015)

Samuel R. JAHNKE and Sons and Mary K. Jahnke, Executor of the Estate of Samuel R. Jahnke, Appellees, v. BLUE CROSS AND BLUE SHIELD OF KANSAS, INC., Appellant.

Court of Appeals of Kansas.

June 26, 2015.

Attorney(s) appearing for the Case

Jeremy K. Schrag , of Kutak Rock LLP, of Wichita, Tory M. Bishop and Kathryn E. Jones , of the same firm, of Omaha, Nebraska, and Scott H. Raymond of Blue Cross Blue Shield of Kansas, Inc., for appellant.

Mark Edwards and Peter Charles Rombold , of Hoover, Schermerhorn, Edwards, Pinaire & Rombold, of Junction City, for appellees.

Before MALONE, C.J., ARNOLD-BURGER and GARDNER, JJ.

Rarely do we permit a party to raise a new issue on appeal, but we must do so here. At oral argument, counsel for Blue Cross and Blue Shield of Kansas, Inc. (BCBS) alleged, for the first time in this case, that this court lacks subject matter jurisdiction because the only statute which BCBS allegedly violated does not provide a private...

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