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STRAUSS v. PREMERA BLUE CROSS

No. 95449-6.

449 P.3d 640 (2019)

John STRAUSS and Michelle Strauss, husband and wife, and their marital community, Petitioners, v. PREMERA BLUE CROSS, Respondent.

Supreme Court of Washington.

Filed October 3, 2019.

Attorney(s) appearing for the Case

Howard Mark Goodfriend , Smith Goodfriend PS, 1619 8th Avenue N, Seattle, WA 98109-3007, Patrick A. Trudell , Kornfeld Trudell Bowen & Lingenbrink PLL, 3724 Lake Washington Blvd. NE, Kirkland, WA 98033-7802, Victoria Elizabeth Ainsworth , Corr Cronin LLP, 1001 4th Avenue, Suite 3900, Seattle, WA 98154-1051, for Petitioners.

Gwendolyn C. Payton , John R. Neeleman , Kilpatrick Townsend & Stockton LLP, 1420 5th Avenue, Suite 3700, Seattle, WA 98101-4089, Adam H. Chames , Kilpatrick Townsend & Stockton LLP, 2001 Ross Avenue, Suite 4400, Dallas, TX 75201-2924, for Respondent.

Valerie Davis McOmie , Attorney at Law, 4549 NW Aspen Street, Camas, WA 98607-8302, Daniel Edward Huntington , Richter-Wimberley PS, 422 W. Riverside Avenue, Suite 1300, Spokane, WA 99201-0305, for Amicus Curiae (Washington State Association for Justice Foundation).

¶1 John and Michelle Strauss challenge the Court of Appeals decision affirming summary dismissal of their action against Premera Blue Cross, which arises out of the denial of coverage for proton beam therapy (PBT) to treat John Strauss's prostate cancer. At issue is whether the Strausses have established the existence of a genuine...

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