Blue Cross & Blue Shield v. Paul

Defendant, Francis Paul, M.D., appeals as of right from an order granting summary disposition pursuant to MCR 2.116 (0(10) in favor of plaintiff, Blue Cross and Blue Shield of Michigan, on its breach of contract claim. The trial court held that since defendant did not have the requisite certificate of need (con), as required in the subscriber contract, the contract with bcbsm was breached. Plaintiff was awarded a judgment of $16,273.55, that being the balance of overpayment to defendant from bcbsm between March 1, 1982, and June 30, 1984. Defendant appeals, raising three issues.

First,…