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PALLISTER v. BLUE CROSS AND BLUE SHIELD

No. DA 11-0431.

285 P.3d 562 (2012)

2012 MT 198

Tyson S. PALLISTER, Kevin Budd, Jessica Normandeau, and Laura Fortune, Class Members and Appellants, v. BLUE CROSS AND BLUE SHIELD OF MONTANA, INC., and Montana Comprehensive Health Association, Defendants and Appellees, v. Brittany C. Smith, Renee Neary, as parent and guardian of Dylan Dallaserra; Krista Lucas and Alice Jean Speare; each individually and as representative members of a class of similarly situated plaintiffs, Class Representatives and Appellees.

Supreme Court of Montana.

Submitted April 26, 2012.

Decided September 5, 2012.

Attorney(s) appearing for the Case

For Class Members and Appellants Pallister, Budd and Normandeau: James G. Hunt (Argued), Jonathan McDonald , Dix, Hunt & McDonald, Helena, Montana, Erik B. Thueson , Thueson Law Office, Helena, Montana, Jory C. Ruggiero , J. Breting Engel , Western Justice Associates, Bozeman, Montana.

For Class Member and Appellant Laura Fortune: Lawrence A. Anderson (Argued), Attorney at Law, Great Falls, Montana, Rex Palmer , Attorneys Inc., P.C., Missoula, Montana.

For Appellee Blue Cross and Blue Shield of Montana, Inc.: Michael F. McMahon , Stefan T. Wall (Argued), McMahon, Wall & Hubley, PLLC, Helena, Montana.

For Appellee Montana Comprehensive Health Association: Jacqueline T. Lenmark (Argued), Keller, Reynolds, Drake, Johnson & Gillespie, P.C., Helena, Montana.

For Class Representatives and Appellees: Robert G. McCarthy (Argued), McCarthy Law, P.C., Butte, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 This case arises out of claims asserted by multiple persons against Blue Cross and Blue Shield of Montana (BCBSMT) and Montana Comprehensive Health Association (MCHA).1 Claimants assert that while they were fully insured by BCBSMT or MCHA, they submitted claims that the insurers denied based upon exclusions contained in their insurance policies. These exclusions were...

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