McOwen v. Boccaccio

Simons and Hancock, Jr., JJ. (dissenting).

We would reverse and grant summary judgment dismissing the complaint against the defendant Lumbermens. Plaintiffs are those members of defendant ESBA who took advantage of their rights as members to purchase Blue Cross and Blue Shield group health coverage through ESBA. They allege that they paid sums of money to ESBA to be applied as premiums to Blue Cross and Blue Shield for certain periods in 1979 and that ESBA breached its agreement with plaintiffs as members to remit said sums to Blue Cross and Blue Shield. In the third and fourth causes of…