Fobes v. Blue Cross & Blue Shield of Arizona, Inc.

OPINION

KLEINSCHMIDT, Judge.

Margret Fobes sued Blue Cross and Blue Shield of Arizona for breach of contract, insurance bad faith and racketeering because Blue Cross refused to pay skilled nursing care benefits under a Medicare supplement policy issued to her husband, Richard Fobes. She appeals from an order granting Blue Cross’s motion to dismiss those claims. Blue Cross cross-appeals from an order denying its request for attorney’s fees pursuant to Ariz.Rev.Stat.Ann. (“A.R.S.”) § 12-341.01(A).

FACTS AND PROCEDURAL HISTORY

On appeal from a dismissal for failure to state a claim upon which relief…